Can my former boss limit my access to documents for my deposition?

Full question:

I am due to give a verbal deposition in the near future (state of Minnesota) and need access to documents to prepare for the deposition. My former boss will only allow me to access the documents at his office, and will not allow me to make copies. I am concerned that without copies and without adequate preparation, I could incriminate myself during the deposition. Can my former boss legally allow me only minimal or limited access to these documents? We are both being sued and these documents were provided by the plaintiff's lawyer.

  • Category: Discovery
  • Date:
  • State: Minnesota

Answer:

In general, the right to inspect business records during a lawsuit falls under discovery rules. You can request these records through a request for production or a subpoena duces tecum. If your former employer is not a party in the lawsuit, you may need to obtain the documents via a subpoena.

Additionally, if you require more time to prepare for your deposition, you can file a motion for an extension. Courts may grant extensions when there is a valid reason for the delay, such as needing additional time to gather evidence or secure legal assistance. The likelihood of the court granting an extension increases if there have been no previous requests for additional time and if the opposing party agrees to the extension.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Rule 21 of the Minnesota Rules of Civil Procedure allows a party to join or add additional parties to a lawsuit. This can be done when the new parties are necessary for the resolution of the case or when their involvement would help prevent multiple lawsuits regarding the same issue. The court must approve the addition of new parties, and proper notice must be given to all involved. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*