Do You Need a Discovery Referee?

5 Ways to Defeat Deposition AbuseIt’s not feasible to stop a deposition every time an attorney or witness becomes obstructive, run to court to have a judge or discovery commissioner resolve the issue, and then resume the deposition. If you anticipate such problems, using a discovery referee may be a solution. Discovery referees can be very useful to: Help the parties develop a voluntary exchange of discovery that avoids or limits the need for formal motions; and Resolve numerous, complicated discovery issues without having to file successive motions in court. When using a discovery referee for depositions, you can have the referee either attend or be available by telephone throughout the deposition. If the problem is with an obstructive witness or attorney, the referee should probably be present; that very presence may inhibit such conduct. If you just want the referee to rule on issues that may arise from time to time during the deposition, it’s probably…

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