How to Proceed if a Client No-Shows a Deposition
While all attorneys who represent clients certainly wish their clients would act in their own best interest 100% of the time, reality is often otherwise. One example: Some clients will not show up for a scheduled or even legally-required deposition, even if they know there are consequences for doing so.
This is just one of many elements of a deposition that will be recorded by a quality deposition court reporter — there are also many more. As an attorney, how can you manage and deal with a no-show from one of your clients for any kind of required deposition or hearing? Here are some basic tips.
Confirming and Recording Absence
Firstly, if an attorney or deponent is not present at the scheduled start time of a deposition, they will typically be given at least 15-30 minutes to appear before the court reporter begins recording the deposition. If they do not arrive after that time, or if they have communicated their absence to the court reporter in advance, the reporter will typically begin recording without them and note their absence in the record.
In many situations, you’ll have some inkling that your client doesn’t plan to appear in the days or weeks leading up to the deposition. In such cases, be sure to bring materials that will help you document the absence, such as a deposition notice, proof of service, prior stipulations or court orders compelling attendance, or even an email or text message from the client confirming their non-attendance. This can help you protect your client’s interests if the no-show leads to any adverse rulings by the court.
Updating the Record
When documenting the occurrence, the court reporter will typically need the following information:
- Names of all attorneys in the case and their represented parties
- Names of all parties present
- Purpose, date and time of the deposition
- Evidence of attempts to contact the absent party, and the method(s) used to do so
- Evidence of the absent party’s excuses for failure to appear, if applicable
- Summary of attorney’s efforts to properly notice the deposition
Relief and Sanctions
In many cases, a judge will impose sanctions for a given party’s failure to appear. Sanctions may include treating factual disputes as if they’ve been established in the prevailing party’s favor, striking pleadings, prohibiting the no-showed party from introducing evidence or asserting claims, and several others.
In addition, the court will almost always require that the no-showed party pay reasonable expenses, including attorney’s fees, that resulted from their failure to appear. To seek this relief, file a motion with the court as soon as possible after the no-show occurs; in some cases, you may even be able to get relief without having to appear before a judge.
Refer to the above when looking for information on how to handle a client who no-shows for a deposition.
