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  1. #1
    Join Date
    Jan 2010
    Posts
    4

    Default Discovery: Order of Depositions

    I have read the Texas Rules of Civil Procedure cover to cover. Still unclear which party (and witnesses) should be deposed first?

    Common sense tells me it ought to be the plaintiff (and plaintiff witnesses) but I didn't see it specified. The order might be crucial and be even hotly contested by the parties trying to jockey for advantage. The most obvious strategy could be to have the opposition showing their hand first.

    How is that handled in practice?

    Thanks

    Angela

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Discovery: Order of Depositions

    You schedule your depositions in the order you want. If you wish to verify the availability of the opposing party's witnesses, or coordinate discovery with the other party, contact opposing counsel.

  3. #3
    Join Date
    Jan 2010
    Posts
    4

    Default Re: Discovery: Order of Depositions

    Thank you for replying.

    If the plaintiff stalls on being deposed, likewise stalls on plaintiff's witnesses but is aggressive to depose defendant and defendant's witnesses to gain insight and advantage, especially when the two parties stories are vastly different or even diametrically opposed. How can defendant ultimately deal with that and make sure plaintif(and witnesses) go first.

    Suppose this conflict reaches an impasse and both counsels want their respective witnesses to go last and would not budge an inch. How is it ultimately resolved?

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