Do I have to comply with a deposition if the opposing side has not completed the process of discovery to our satisfaction?

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Do I have to comply with a deposition if the opposing side has not completed the process of discovery to our satisfaction?

I am representing myself (previously represented by an attorney) as the plaintiff in an employment breach of contract case and the opposing side has sent a notice of video deposition to me. Am I obligated to comply if the opposing side has not completed producing necessary documents at discovery? Can I depose the defendants myself?

Asked on June 19, 2012 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) The other party's failure to fully comply with its discovery obligations does NOT absolve you of your obligation to comply with yours. The correct way to deal with this is to make a motion to the court to compel discovery and/or to sanction the other side for its failure; however, if you do not meet your obligations, they in turn could make such a motion against you.

2) If you are representing yourself pro se, you may depose the other side. Obviously, you'll still need a court reporter to create an official record or transcript of the deposition.


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