How many times can someone legally cancel a deposition pertaining to a personal injury lawsuit? What can I do?
Legally, the other party may cancel any and all depositions until they are subpoenaed by the court and forced to do so. You may file a motion to compel the deposition with the court in an attempt to force the other party to attend the deposition. Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court in which the action is pending. The other party can be held liable for fees and damages for your lost time and expenses.
You can also request that a special master be appointed to oversee the deposition practice and procedure. The court may order or the special master may decide to attend the deposition. A party may request the attendance of the special master at a deposition, if a party reasonably believes it is necessary. The special master may decide the time, date, and place for the deposition, the length of the deposition and who may be present at the deposition.
If a party disagrees with a decision of the special master, the matter may be brought before the court. Each party and the special master shall submit proposed orders to the court. A party who has acted arbitrarily or in bad faith in bringing the matter before the court may be subject to sanctions as the court deems appropriate, including counsel fees and/or special master fees.
Medford MA Personal Injury Lawyer, Attorney Alan Segal is based in Needham, MA and serves the Greater Boston region and all of Massachusetts in all personal injury accident claims and cases, including the cities and towns of Acton Agawam Amherst Andover Arlington Attleboro Barnstable Belmont Beverly Billercia Boston Braintree Bridgewater Brockton Brookline Burlington Cambridge Canton Chelmsford Chelsea Chicopee Danvers Dartmouth Dedham Dracut Easton Everett Fall River Falmouth Fitchburg Framingham Gloucester Haverhill Holyoke Lawrence Leominster Lexington Lowell Lynn Malden Marlborough Medford Melrose Metheun Milford Milton Natick Needham New Bedford Newton North Andover North Attleboro North Reading Norwood Peabody Pittsfield Plymouth Quincy Randolph Revere Salem Saugus Shrewsbury Somerville Springfield Stoughton Taunton Tewksbury Waltham Watertown Wellesley Westfield West Springfield Weymouth Woburn Worcester.