Legal Opinion

Babolia v. Local 456, Teamsters & Chauffeurs Union

District Court, S.D. New York

Decided July 10, 1951PublishedCited by 5 opinions

1Opinion of the CourtHoltzoff, District Judge

(sitting by designation).

This is an ex parte application under Rule 26(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A., for leave to serve notices of taking depositions within 20 days after the commencement of the action.

Under the present Federal Civil Procedure, the utmost liberality prevails in respect to discovery. Depositions may be taken on notice without an order of the court. One of the few limitations, however, is that the plaintiff may not serve a notice of the taking of depositions until after the expiration Of 20 days from the commencement of the action. If it is desired to…

2Cited by5 opinions

  1. Notaro v. KochDistrict Court, S.D. New York · 1982
  2. Park & Tilford Distillers Corp. v. Distillers Co.District Court, S.D. New York · 1956
  3. Gibson v. Bagas Restaurants, Inc.District Court, W.D. Missouri · 1980
  4. Boxer v. Smith, Kline & French LaboratoriesDistrict Court, S.D. New York · 1967
  5. Bank of America Nat. Trust & Savings Ass'n v. Universal Pictures Co.District Court, S.D. New York · 1952

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