Deposition no-show

[Ref]

BM did not show to one of the scheduled depos. She claims that she told DH's attorney that she had a final exam and would not make it a week in advance.

The judge sanctioned her for the costs associated with the depo to be paid to DH.

She has asked the judge, informally, to reverse his decision.

1. If she did call to tell them that she would not go due to final exam, is that an exceptable reason to be a no show?

2. If yes, who should pay for the depo costs?

[socrateaser]

>1. If she did call to tell them that she would not go due to
>final exam, is that an exceptable reason to be a no show?

No, witnesses must make extraordinary efforts to comply with a subpoenas. If she could not negotiate a new deposition date, then her recourse was to move the court to resolve the matter.
>
>2. If yes, who should pay for the depo costs?

She pays unless she can prove that her "no show" was for reasons beyond her control.

[Imom]

works/helps.........http://www.moga.state.mo.us/statutes/C400-499/4520000340.HTM

[socrateaser]

...you appended it to the wrong message thread!

[Imom]

sorry,,,, the page is messed up, I can't even find the correct post now?

[socrateaser]

I answered the question for the poster already...with your help.