What is the waiver/notice period and how does it affect the retrieval process?
If you issue a Notice of Intention to Take Deposition by Written Questions, there is a Notice period that is required to allow all other counsel the opportunity to file Cross Questions, Objections, etc. in response to your Notice. As the Rule reads (TRCP 200.3), all responding counsel has ten days to file crosses or objections to the notice. However, a Notice of Intention must be served upon all parties and the witness at least twenty days before the deposition can be taken (TRCP 200). The deposition can be taken sooner only with an agreement by all parties (to waive the notice period). That is why the waiver period is twenty days, although, other counsel have ten of those days to file objections/cross-questions. In Federal cases, the waiver/notice period is fourteen days but allowing an additional three days for mailing or faxing of the Notice of Intention—so seventeen total days. Obviously, this time delay can seriously affect the ability to obtain records in a short period of time.
