The Office of Multicultural Affairs at the University of Idaho will kick off Latinx Heritage Month events tonight with a presentation by Maria González Cárdenas, a longtime Idaho Latinx organizer.
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This post is addressed to the attorney who has properly noticed the deposition of an opposing party for but, for some reason, the intended deponent has failed to appear at the appointed time and place. A basketball metaphor comes to mind this time of year: You’ve been fouled, and you step to the line for your two free throws. That said, no points are on the board yet. You’ve got to make the shots.
An earlier blog post discussed the consequences of failing to appear for a deposition, with the message that “failure to appear” is a circumstance that should be avoided if at all possible. A party that fails to appear for a properly noticed deposition needlessly tries the patience of everyone involved in the litigation and, more importantly, risks judicial sanctions that can include dismissal of the absent deponent’s legal claims, monetary sanctions, or striking of a defendant’s affirmative defenses.