In employment discrimination cases, the testimony of the plaintiff and other key witnesses is usually essential to proving or refuting liability. While depositions can normally be completed within a day, in some instances, multiple days are required to fully obtain relevant information. Recently, a New York court discussed when depositions could be extended past a day in an employment discrimination case. If you are the victim of discrimination in the workplace, it is advisable to consult a New York employment discrimination attorney to determine your potential claims.
History of the Case
It is reported that the plaintiff filed an employment discrimination lawsuit against the defendant banking corporation for unspecified reasons. During the course of discovery, depositions were conducted, including the plaintiff’s. The parties agreed to allow the plaintiff’s deposition to continue for a second day, to allow the defendant’s counsel to fully and fairly obtain his testimony. Prior to the continued deposition, though, the plaintiff’s counsel stated that he would only allow for the plaintiff’s continued deposition if the defendant made one of its witnesses available for a second day of testimony as well. Thus, the defendant filed a motion to compel the plaintiff’s continued deposition.
Depositions in Federal Employment Discrimination Cases
Under the Federal Rules of Civil Procedure, a deposition can be extended if more time is needed to fairly examine the witness. The need to allow additional time for critical depositions is well established and has been upheld by numerous courts. In the subject case, the plaintiff’s complaint had close to one hundred and fifty paragraphs. Thus, the court stated that ample time was needed to question him on his assertions as well as the facts alleged by the defendant in its affirmative defenses. Continue reading