Motion To Compel Deposition

MOTION TO COMPEL DEPOSITION

STATE OF ________________

IN THE _________ COURT FOR THE COUNTY OF ______________

PLAINTIFF Case No. _____________

Plaintiff,

v.

DEFENDANT 1, DEFENDANT 2,

and DEFENDANT COMPANY,

Defendants.

PLAINTIFF’S MOTION TO COMPEL DEPOSITION OF CLAIM REPRESENTATIVE IN _____________

NOW COMES Plaintiff, by and through her attorneys, the Law Offices of Michael J. Morse, P.C., and for her Motion to Compel Deposition of Claim Representative, states as follows:

This is a first and underinsured motorist claim against Defendant Company and a third party negligence claim against Defendant 1 and Defendant 2 (defaulted). Plaintiff was severely injured in a motor vehicle collision on [date]. This accident occurred in the City of ____________.

Plaintiff seeks the deposition of the claim representatives for Defendant Company. Defendant requested that the deposition take place in _________________.

Defendant conducts business in _________________, in that it sells insurance to _________________ residents, and in particular, Plaintiff.

Upon information and belief, the claim representative personally conducts Defendant’s business in _________________ by directing attorneys, and by appearing personally for matters such as court appearances, including settlement conferences, and other matters pertaining to claims adjustment.

It is not fair or reasonable for Defendant to sell insurance in this jurisdiction, then expect the deposition to take place in _________________.

WHEREFORE, Plaintiff respectfully requests that this Court issue an Order compelling Defendant to make available, any and all Defendant Company Adjusters who handled Plaintiff’s claim for first party benefits, for deposition in _________________at a date and time of mutual convenience to the parties, but within 60 days.

Respectfully submitted,

LAW OFFICES OF MICHAEL J. MORSE, P.C.

Attorneys for Plaintiff

_____________________________________

[Name]

[Address]

[Phone number]

Dated:

STATE OF _____________________

IN THE _______________ COURT FOR THE COUNTY OF _____________

PLAINTIFF Case No. _____________

Plaintiff,

v.

DEFENDANT 1, DEFENDANT 2,

and DEFENDANT COMPANY,

Defendants.

BRIEF IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL DEPOSITION OF CLAIM REPRESENTATIVE

I. This Court should compel the claims representative to be deposed in _________________ because the claims representative is a party to this suit, because the...