A lawyer wants to take my deposition in a case she is working on. Lawyer has scheduled and cancelled our appointment to do this around 5 times over a course of a year. Do I have to give a deposition? And is there any time limit involved? Can I sue the lawyer for “scheduling harrassment”, I think she keeps canceling just to irritate me.-Thanks-J
IANAL and YMMV. Rules for depositions vary by state jurisdiction and there are different rules for federal lawsuits. In Wisconsin, there is no statute of limitations as to how soon a deposition must be taken, but the presiding judge will conference with the attorneys to set a discovery timetable. You should be able to find out from the court what the discovery schedule is. You are required to comply with a deposition notice in the same way you are compelled to comply with a subpoena. But If it’s permitted in your jurisdiction, you could threaten to sue the attorney for abuse of process. There may also be a procedure whereby you may petition the court to excuse you from being deposed on the basis of your belief that your deposition is being scheduled and rescheduled to harass or intimidate you.