Policarpio v. Kaufman

MILLER, Justice:

In this original prohibition, the relator, Dionisio E. Policarpio, M.D., seeks to prohibit the respondent from ordering the continuation of his deposition. He is a defendant in a medical malpractice civil action pending in the Circuit Court of Kanawha County, West Virginia. The deposition of the relator began at approximately 1:30 p.m. on December 13, 1989, and continued until approximately 5:00 p.m. on that date. At that point, the relator’s counsel stated on the record that he was terminating the deposition pursuant to Rule 30(d) of the West Virginia Rules of Civil Procedure…