Non-Appearance at Deposition. Failure of a deponent to appear at the time and place
U.S. District Court for the District of New Mexico
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designated may be regarded as a willful failure to appear pursuant to FED. R. CIV. P. 37(d) or contemptible conduct pursuant to FED. R. CIV. P. 45(e), • unless a motion for protective order and a notice of non-appearance are served at least seven (7) days before the scheduled deposition; or • if the Court finds the motion for protective order is frivolous or for dilatory purposes.