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Seeking Protective Orders to Avoid the Burden and Expense of Defendant's Request to Depose a Nonresident Plaintiff in the Forum State

By Cynthia G. Schneider

Migrant farmworkers suing their former employers may be called upon to appear in the forum state for their depositions when they are not in the area. Under Federal Rule of Civil Procedure 26(c), plaintiff may be able to show that defendant's taking of an oral deposition of a nonresident plaintiff in the forum state would be unduly burdensome.

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