In a letter endorsement Friday, Judge Failla rejected an attorney’s to re-open a deposition, finding that the attorney making the request was the source of the problem:
[T]he Court observes that Plaintiff’s counsel assumed the role not only of questioner, but of Greek Chorus as to many of [the witness’s] answers, thereby unnecessarily prolonging her deposition. Counsel’s treatment of the witness was also unnecessarily rude, and by the end of the deposition, counsel appeared unwilling or unable to let [the witness] complete her answers to his questions. Accordingly, the Court sees no reason to order the continuation of [the] deposition . . .
A couple of examples from the transcript are below:
Continue Reading Judge Failla: Attorney Who Was a “Greek Chorus” During Deposition Cannot Reopen It