Motion to Preclude Interference

UNITED STATES DISTRICT COURT

FOR A SAMPLE DISTRICT

______________________________

) Case No.:

Peter Plaintiff, )

Plaintiff, )

)

v. )

Donald Defendant, )

Defendant. )

______________________________)

Movant: __________

Respondent: __________

MOTION TO PRECLUDE FURTHER INTERFERENCE

WITH MOVANT’S

DEPOSITION OF DEPONENT¹

The Movant, __________, by and through his attorneys, hereby requests that this honorable court issue its order instructing the Respondent and his attorney to cease and desist from further interference with the deposition of the Deponent named herein, and that sanctions be imposed upon the Respondent, for the following reasons:

1. The Movant, in accordance with the applicable court rules, duly scheduled a Notice for the taking of the deposition of the Deponent on ____, 20__ at the offices of __________ located at __________.

2. It was necessary to terminate the deposition because of interference with, disturbance to, and disruption of the Movant’s attempt to conduct the deposition.

3. The interference, disturbances and disruptions by the Respondent’s attorney were constant throughout the proceedings, and despite several requests by the Movant’s counsel that the deposition be permitted to continue in an orderly fashion, the misconduct continued unabated.

4. The misconduct on the part of Respondent’s counsel rendered a continuation of the deposition impractical, if not impossible. The deposition was, therefore, terminated. Examples of the misconduct include, but are not limited to the following:²

   1. Over the objection of Movant’s counsel, the Respondent’s Counsel continuously conferred with and coached the Deponent during the course of the questioning. For example (cite transcript):

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   2. Over the objection of Movant’s counsel, the Respondent’s Counsel continuously interrupted the questioning so that he and the witness could go out into the hall to confer. For example (cite transcript):

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