Opinion
No. 4167.
Decided March 3, 1953.
Matters pertaining to the taking of depositions are for the Trial Court in the exercise of its discretion as to what justice may require in the particular circumstances.
PETITION, by the plaintiff seeking to enjoin the defendant from taking the deposition of the plaintiff. After the completion of service upon the defendants, the plaintiff gave notice of the taking of the deposition of the defendant Harvey. He appeared at the time appointed but his deposition was not taken. Thereafter, he filed a petition seeking to enjoin any taking of his deposition, which petition was referred to a master and has not been determined. While his petition was pending, the defendant gave notice of the taking of the deposition of the plaintiff. The plaintiff did not appear and the petition now before us was filed by her seeking to enjoin the taking of her deposition until a hearing is held on the defendant Harvey's prior petition and until the deposition of the defendant Harvey has been taken by the plaintiff. After hearing, which is not reported, the petition was denied, subject to the plaintiff's exception. Reserved and transferred by Griffith, J.
William H. Sleeper and Wayne J. Mullavey (Mr. Mullavey orally), for the plaintiff.
Hughes Burns and Robert E. Hinchey (Mr. Hinchey orally), for the defendants.
This case is governed by Dame v. Company, 95 N.H. 125, and Vidal v. Errol, 86 N.H. 585. The right to take depositions is a right granted by statute. R. L., c. 393. Where this statute is silent on questions of procedure and precedences in the taking of depositions, it has long been recognized that the Trial Court has authority, in relation to cases pending before it, to make such orders as justice may require. LaCoss v. Lebanon, 78 N.H. 413, 417, and cases cited. Neither the fact that the plaintiff was the first party to give notice of the taking of depositions nor the pendency of the defendant's petition to enjoin the taking of his own deposition indicate any abuse of discretion in the Trial Court's denial of the plaintiff's petition and the order is
Exception overruled.