Bow Tie Law’s Blog, Deposition, Discovery Dispute, Federal Rule 26(g), Federal Rules of Discovery, Hernandez v. Hendrix Produce, Joshua Gilliland, Judge G.R. Smith, Meet and Confer, Skype, Video Deposition
“Stop and Think” About Skype for Depositions, by Joshua Gilliland, Bow Tie Law’s Blog
Judge G.R. Smith issued a great reminder that lawyers must ‘stop and think’ when dealing with discovery disputes. This duty is imposed by Rule 26(g) and is ‘an affirmative duty to engage in pretrial discovery in a responsible manner that is consistent with the spirit and purposes of Rules 26 through Rule 37, and obligates each attorney to stop and think about the legitimacy of a discovery request, a response thereto, or an objection.’ Hernandez v. Hendrix Produce, Inc., 2014 U.S. Dist. LEXIS 4837 (S.D. Ga. Jan. 9, 2014) citing Bottoms v. Liberty Life Assur. Co. of Boston, 2011 U.S. Dist. LEXIS 143251, 2011 WL 6181423 at * 4 (D. Colo. Dec. 13, 2011).
The case at issue requiring lawyers to ‘stop and think’ involved the plaintiffs in a farmworker rights lawsuit. Three of the plaintiffs were in Mexico and unable to return to Georgia for their depositions. The Defendants wanted the depositions to be held in Georgia. . . .