How many depositions may be taken of the plaintiff or defendant in civil court

[Redemptionman]

Jurisdiction

Mississippi

As a general rule and when dealing within the rules of civil procedure. How many times can a defendant in a civil manner ask the plaintiff for a deposition?

As a general rule do they only get one bite of the apple or are they allowed multiple chances at depositions till they are given something.

 

[adjusterjack]

Here are the Mississippi Rules of Civil Procedure. Page 64 begins Rule 26 addressing Discovery which includes Depositions.

Civil Procedure, Rules of (ms.gov)

The first paragraph of Rule 26 states:

(a) Discovery Methods. Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property, for inspection and other purposes; and requests for admission. Unless the court orders otherwise under subdivisions (c) or (d) of this rule, the frequency of use of these methods is not limited.

Technically, I suppose, a person can be deposed more than once but, as a practical matter, I don't see it happening. A deposition is expensive. They are lengthy - often a couple of hours or more so lawyer fees run up. The lawyer may have to be available for close to the whole day. The stenographer has to be paid. Transcripts have to be bought (that's how the stenographer makes a living). A single deposition could run into thousands of dollars. And if more than one person has to be deposed, you're spending big money.

Besides, why bother. If the deposed person lies during the deposition you'll have plenty of time before trial to obtain evidence of the lie. If you don't have the evidence then no amount of depositions is going to save your case.

 

[Redemptionman]

First depo was put on by a now settling defendant. The defendant's depo was not taken at that time. She answered all questions by the defendant insurance company at that time. Some additional information was introduced involving witness testimony. Her attorney agreed to suspending the already given deposition and to reschedule it to coincide with the defendants depo.

I know in some cases FRCA or in California you can not do more than 1 depo and just did not know the rules. Surely they can not ask the same questions she answered in the first depo.

 

[adjusterjack]

Her attorney agreed to suspending the already given deposition and to reschedule it to coincide with the defendants depo.

Not clear but seems to me that the deposition was incomplete and is to be completed at the next sitting.

Still the same deposition, not a new one.

Surely they can not ask the same questions she answered in the first depo.

If the original depo was already recorded I'm guessing that there would be a brief review and new questions would start where the old ones left off. Just speculating there.

And don't call me Shirley.

 

[Redemptionman]

Not clear but seems to me that the deposition was incomplete and is to be completed at the next sitting.

Still the same deposition, not a new one.



If the original depo was already recorded I'm guessing that there would be a brief review and new questions would start where the old ones left off. Just speculating there.

And don't call me Shirley.

yeah probably true.