You've already been deposed in a lawsuit,and you want to know, "Can I be deposed again in the same case?" Hi, I'm Frank Nunes, a California civil trialattorney practicing law in the State of California.
Well, generally in California, the rule isthere can only be one deposition per witness unless there is good reason to do it again.
That usually requires a court order or anagreement by the parties.
Once your deposition is concluded, once thelawyers have finished with the deposition, for the most part, you're done.
Some of the exceptions that can come up isif there's a new party that's later added to the case.
That person can come in and ask you questions,through their attorney or through themselves if they are self-represented, that were notcovered in the prior deposition.
Typically, they limit those questions to newmaterial.
Practically speaking, sometimes old materialis recovered, so that's why it's important to go over your testimony from your firstdeposition to make sure you're consistent.
A common reason for a party to get re-deposedin a case is when the party that set the deposition or invited everybody to come to the depositionfailed to notify a party that he or she knew was already part of the lawsuit.
That party says, "Hey, I wasn't invited.
I didn't know what the witness's testimonywas.
" Then the burden is on the party who noticedthe deposition to show why he or she did not notice that party that wasn't invited to thedeposition.
Well, that's it for today's video on how manytimes you can be deposed in a case.
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I'm Frank Nunes, and thanks for watching.