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shajandr

05/05/16 5:25 AM

#48259 RE: ESP24 #48258

Umm, NOPE. It's the rules. Under the FRCP (and apparently NY State as well), you can depose a witness for 7 hours. That's 7 hours of videotape time, nott including breaks, lunch, etc.

The mistake-prone part-time solo only had 5 hours of depo time with Sason, so he has 2 hours left under the Rules. As the transcript explains, because of the doofus part-time solo, the Sason depo didn't begin until after noon, and the reporter taking the transcript was tired and could not continue past 6:30PM, plus there were 'smoke breaks' and bathroom breaks during the Sason depo, as there normally are. So they only gott 5 hours of depo time on the record. Depos often carry over onto second days because of this 7 hour requirement.

DaJudge only followed the basic rules giving each depo 7 full hours of depo time.

So much for that crazy theory propounded in your post. It is nonsense, and any lawyer knowledgeable about litigation knows that.

See how that works?

Whoops-oops!!!!

(d) Duration; Sanction; Motion to Terminate or Limit.

(1) Duration. Unless otherwise stipulated or ordered by the court, a deposition is limited to 1 day of 7 hours. The court must allow additional time consistent with Rule 26(b)(1) and (2) if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.


https://www.law.cornell.edu/rules/frcp/rule_30