Schimmel v. Spigal

Motion to vacate a notice by one defendant to examine a codefendant is granted. It is deplorable that so much division of judicial opinion exists concerning the right of one defendant to examine a codefendant where neither asserts affirmative claims of relief against the other. *407It might be helpful to have a further codification of rules respecting these examinations by the rule-making body. However, in this court’s opinion, an examination before trial should not be permitted where the use of the deposition will be unavailable to the moving party. Depositions taken in examinations before trial…