Fill and Sign the Greyhound Corp V Superior Court Supreme Court of Form

- 1 - IN THE COURT OF COUNTY, Petitioner/Plaintiff, V. CAUSE NO. Defendant/Respondent, ) )))))))) DEFENDANT'S MOTION FOR PROTECTIVE ORDER COMES NOW DEFENDANT, ___________________, by and through his attorneys of record herein, and files this his Motion for Protective Order pursuant to Rule 26(d) of the _____________ Rules of Civil Procedure, and would show unto the Court the following: 1. This lawsuit is set for trial on ___________, 20___. The Plaintiff, ___________________, has scheduled the deposition for trial purposes of one of his expert witnesses, ___________________, for __________, 20____. 2. The Defendant requests the Court to enter a protective order that the deposition for trial purposes of ___________________ not be taken on ________ 20___ as scheduled. The reason for the motion for protective order is that the Plaintiff has not fully and adequatel y complied with Rule 26 of the ____________ Rules of Civil Procedure regarding the disclosure of all of the anticipated opinions of ___________________. In Plaintiff's Second Supplemental Response to Defendant's written discovery, which was filed on __________ 20____, he indicated the following with regard to his expert, ___________________: "will supplement medical impairment rating and any further restrictions assigned by _________________." Only two days remain before the scheduled date of ___________________'s trial deposition, and yet Plaintiffs have not supplemented as promised. The time for supplementing additional information regarding ___________________'s opinions has long since come and gone. With only two days remaining before the trial deposition of ___________________, the Plaintiff has still not fully complied with his duty to provide the Defendant with all of the anticipated opinions of his expert witness. The Defendant cannot possibly meet and adequately defend against the Plaintiffs' expert at a trial deposition if he does not know ahead of time what opinions the expert intends to state. 3. The Plaintiffs should not be allowed to sandbag or sit back and attempt to feed the Defendant with bits and pieces of opinions from one of the most important experts in this case. The days of trial by ambush have long since passed. With only two days remaining before the scheduled trial deposition of a critical expert witness and only weeks remaining before the trial date, the Defendant will clearly be prejudiced if required to go forward with the trial deposition of - 2 - ___________________. Therefore, the Defendant requests the Court to enter a protective order that the deposition for trial purposes of ___________________ not be taken until such time as the Plaintiffs have adequately and fully complied with Rule 26 and provided the Defendant with all of the anticipated opinions of ___________________ and the bases for those opinions, and the Defendant has had adequate time to prepare to meet and defend against those opinions. WHEREFORE, PREMISES CONSIDERED, Defendant, ___________________, moves the Court for a protective order which prevents the deposition for trial purposes of ___________________ from being taken until such time as the Plaintiffs have fully and adequately complied with Rule 26 of the ___________ Rules of Civil Procedure and provided the Defendant with all of the anticipated opinions of Plaintiffs' expert and the bases for t hose opinions, and the Defendant has had adequate time to prepare to meet and defend against those opinions. RESPECTFULLY SUBMITTED, this the __ day of _______ 20_____. BY:____________________ CERTIFICATE OF SERVICE I, ___________________, do hereby certify that I have this day caused to be sent by facsimile and via United States mail, first class postage prepaid, a true and correct copy of the above and foregoing pleading to the following counsel for Plaintiffs: __________________________ ATTORNEY FOR PLAINTIFFS THIS, the ___ day of ________ 20_____.