What is the name of your state (only U.S. law)? NJ
Thanks in advance for any insight.
I am domiciled / homesteaded in Florida, but own a condominium in New Jersey.
A brief history, then a few questions:
Last summer I filed an 8-count lawsuit in NJ against my condominium association for various breaches of fiduciary duty and violations of the governing documents and statutes. We spend several summer months at this condo.
In the lawsuit's first management order, dated last Sept., the judge said that depositions could run until March 1st.
So far:
Interrogatories, which were due 12/31, were exchanged about 4 weeks later because the defendants didn’t answer them on time, and although ours were ready to go by 12/31, my lawyer would not give ours up unless they were exchanged simultaneously (they were hoping to get ours first - didn’t happen).
We also responded to their Requests for Admissions (with all denials).
They have produced next-to-nothing in their Interrogatory responses and to our discovery requests – objecting to practically everything with what amount to ridiculous grounds. They also have not yet produced a certification for their meager answers.
Because of this, we submitted a list of Request for Admissions last week – even though past the due date – because we have gotten nothing from them so far. They will probably object to this.
Now, in the middle of February, we come to depositions – which the judge said could run until March 1st:
Their lawyer was unavailable / tied up during the last half of January with a trial.
We told our lawyer we would make ourselves available during the last half of February for in-person depositions. So here we are coming to the last half of February, and nothing has been nailed down yet, and it's too late now to get either plane or train reservations to be in NJ between now and the end of Feb.
So – we told our lawyer that we will be driving to NJ this weekend and will be available for in-person depositions between Mon. Feb. 21 and Sat. Feb. 26.
Their lawyer is dragging his feet and will not commit to a date & time – and probably will not. He has already said he is not available on either Feb. 23 or 25, but will not commit to other dates while we will be in NJ. We cannot stay in NJ past the 26th due to other commitments & obligations
We also cannot go back to NJ until the first week in June (when we spend several summer months there) due to various pre-arranged commitments, plans, etc. in Florida. Doing so would be a hardship for many reasons.
We also told our lawyer that after the last week in Feb. – when we go back to Florida – are certainly amenable to a video deposition – but – their lawyer insists that our depositions must be in person – although the NJ Court Rule 4:14 allows for videotaped depositions.
Their lawyer is playing games, while we are bending over backward to try to accommodate the madness, and so we don't come off as being "uncooperative".
Meanwhile, so far we have not received a formal Notice of Deposition from their lawyer – we are simply making ourselves available in NJ for the last week of Feb. since that is when the judge said depositions must be done.
Everything so far has been through email exchanges.
We have also asked for available dates to depose several of the defendants – so far, no responses to that (naturally) – so I told my lawyer to send a formal Notice of Deposition – since by all indications they will not present themselves voluntarily.
Meanwhile, there is a management conference with the judge on Feb. 24 – which we plan go attend since we will be in NJ.
Questions (where do I start?):
Can the defendant’s lawyer now send a Notice of Deposition that dictates my appearance in NJ at a certain date & time – if I am back in Florida on that date? (The applicable Court Rule says that the time & place for taking a deposition shall be reasonable convenient to all parties).
If he can somehow successfully dictate my appearance in NJ at a certain date & time for a deposition, can I insist that he / they cover my expenses?
Can I insist on a video deposition – even though their lawyer insists that I must be deposed in person?
In spite of the facts that we are doing our best to cooperate in the face of their lawyer’s games, how can this ridiculous “wrangling” affect our case?
My lawyer is good, but like all lawyers he is busy and often doesn’t get back to me with absolutes. I am praying that the judge gets the picture and comes up with some practical solutions at the management conference – but who knows? – he’s busy too.
Thanks for any insight – this has become one of the most aggravating aspects of this lawsuit.
Thanks in advance for any insight.
I am domiciled / homesteaded in Florida, but own a condominium in New Jersey.
A brief history, then a few questions:
Last summer I filed an 8-count lawsuit in NJ against my condominium association for various breaches of fiduciary duty and violations of the governing documents and statutes. We spend several summer months at this condo.
In the lawsuit's first management order, dated last Sept., the judge said that depositions could run until March 1st.
So far:
Interrogatories, which were due 12/31, were exchanged about 4 weeks later because the defendants didn’t answer them on time, and although ours were ready to go by 12/31, my lawyer would not give ours up unless they were exchanged simultaneously (they were hoping to get ours first - didn’t happen).
We also responded to their Requests for Admissions (with all denials).
They have produced next-to-nothing in their Interrogatory responses and to our discovery requests – objecting to practically everything with what amount to ridiculous grounds. They also have not yet produced a certification for their meager answers.
Because of this, we submitted a list of Request for Admissions last week – even though past the due date – because we have gotten nothing from them so far. They will probably object to this.
Now, in the middle of February, we come to depositions – which the judge said could run until March 1st:
Their lawyer was unavailable / tied up during the last half of January with a trial.
We told our lawyer we would make ourselves available during the last half of February for in-person depositions. So here we are coming to the last half of February, and nothing has been nailed down yet, and it's too late now to get either plane or train reservations to be in NJ between now and the end of Feb.
So – we told our lawyer that we will be driving to NJ this weekend and will be available for in-person depositions between Mon. Feb. 21 and Sat. Feb. 26.
Their lawyer is dragging his feet and will not commit to a date & time – and probably will not. He has already said he is not available on either Feb. 23 or 25, but will not commit to other dates while we will be in NJ. We cannot stay in NJ past the 26th due to other commitments & obligations
We also cannot go back to NJ until the first week in June (when we spend several summer months there) due to various pre-arranged commitments, plans, etc. in Florida. Doing so would be a hardship for many reasons.
We also told our lawyer that after the last week in Feb. – when we go back to Florida – are certainly amenable to a video deposition – but – their lawyer insists that our depositions must be in person – although the NJ Court Rule 4:14 allows for videotaped depositions.
Their lawyer is playing games, while we are bending over backward to try to accommodate the madness, and so we don't come off as being "uncooperative".
Meanwhile, so far we have not received a formal Notice of Deposition from their lawyer – we are simply making ourselves available in NJ for the last week of Feb. since that is when the judge said depositions must be done.
Everything so far has been through email exchanges.
We have also asked for available dates to depose several of the defendants – so far, no responses to that (naturally) – so I told my lawyer to send a formal Notice of Deposition – since by all indications they will not present themselves voluntarily.
Meanwhile, there is a management conference with the judge on Feb. 24 – which we plan go attend since we will be in NJ.
Questions (where do I start?):
Can the defendant’s lawyer now send a Notice of Deposition that dictates my appearance in NJ at a certain date & time – if I am back in Florida on that date? (The applicable Court Rule says that the time & place for taking a deposition shall be reasonable convenient to all parties).
If he can somehow successfully dictate my appearance in NJ at a certain date & time for a deposition, can I insist that he / they cover my expenses?
Can I insist on a video deposition – even though their lawyer insists that I must be deposed in person?
In spite of the facts that we are doing our best to cooperate in the face of their lawyer’s games, how can this ridiculous “wrangling” affect our case?
My lawyer is good, but like all lawyers he is busy and often doesn’t get back to me with absolutes. I am praying that the judge gets the picture and comes up with some practical solutions at the management conference – but who knows? – he’s busy too.
Thanks for any insight – this has become one of the most aggravating aspects of this lawsuit.
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