GMAC Bank v. HTFC Corp. - 248 F.R.D. 182 (E.D. Pa. 2008)

Rule:

If a deponent fails to answer a question asked under Fed. R. Civ. P. 30, or provides an answer that is evasive or incomplete, then a motion to compel the deposition testimony may be filed. Fed. R. Civ. P. 37(a)(3)(B)(i), (4). If the motion is granted, the court must, after giving an opportunity to be heard, require the party or deponent whose conduct necessitated the motion, the party or attorney advising that conduct, or both to pay the movant's reasonable expenses incurred in making the motion, including attorney's fees. Fed. R. Civ. P. 37(a)(5)(A). If a person's conduct is so egregious that it impedes, delays, or frustrates the fair examination of the deponent, the court may impose an additional "appropriate sanction" on that person, including the reasonable expenses and attorney's fees incurred by any party.

Facts:

Plaintiff loan purchaser’s counsel had attempted to take the deposition of a deponent, the defendant seller's chief executive officer, but the deposition had not been completed. According to the plaintiff, due to the deponent's abusive conduct toward counsel, obstruction and delay of the deposition proceedings, and failure to answer and evasive responses to questions propounded at the deposition, plaintiff was unable to complete the deposition. Plaintiff filed a motion to compel the deponent’s deposition and for sanctions.

Issue:

Was the motion to compel a deposition meritorious?

Answer:

Yes.

Conclusion:

The deponent engaged in hostile, civil, and vulgar conduct and refused to answer questions. The plaintiff was therefore entitled under Fed. R. Civ. P. 37(a)(3)(B)(i) to have the deposition taken under a magistrate's supervision and to recover sanctions under Fed. R. Civ. P. 37(a)(5)(A) and 30(d)(2).