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Managing Agents Must Travel to Virginia for Depositions

During discovery, an examining party has the power to compel the deposition of a corporate defendant's " managing agents ." If the plaintiff's lawyer designates an individual to testify who is not an officer, director, or managing agent of the corporate defendant, the lawyer must resort...

Business Court Rules On Multiple Discovery Issues, Including: Validity Of Subpoena, Deposing Opposing Counsel, And Need For A Motion For A Protective Order

There haven't been a lot of opinions from the Business Court on Motions to Compel, but yesterday there were two, both from Judge Murphy. In the first, Blue Ridge Pediatric & Adolescent Medicine, Inc. v. First Colony Healthcare, LLC, 2012 NCBC 45, the Judge found a general objection insufficient...

One Superior Court Judge Overruling Another?

You are all familiar with the old adage that "one Superior Court Judge cannot overrule another Superior Court Judge." But apparently there is at least a little bend in that rule, as illustrated by Judge Bledsoe's opinion this past Thursday, in Taidoc Technology Corp. v. OK Biotech Co. ...

A Valuable Point From the NC Business Court on Subpoenas Without Depositions

Can you send a subpoena duces tecum -- which translated from Latin is "a writ commanding a person to produce in court certain designated documents or evidence " -- without coupling it with a deposition? Maybe that question has never puzzled you, but in an Order of the Business Court on February...

Delaware Court of Chancery Imposes Fees for Errant Deposition Conduct

The Delaware Court of Chancery recently imposed penalties on a non-Delaware attorney for behavior during a deposition that was not in compliance with the applicable Delaware deposition standards. The letter decision in the matter styled In Re: Shawe & Elting LLC, C.A. No. 9661-CB (Del. Ch. Aug. 14...