§56-2-3. Notice to take depositions.
Notice to any party to take a deposition may be served on the
counsel of such party, or on any one of such counsel, if there be
more than one, and such service shall have like effect as if the
notice were served on the party, provided the time between the
service of notice and taking the deposition be sufficient for
conveying, by ordinary course of mail, a letter from the place of
service to the place of residence of the party, and a reply from
that place back to the place of service, and then for the counsel
to attend at the place of taking the deposition. In all cases when
notice is served on counsel as aforesaid, the court, upon exception
being taken, may determine whether, under all the circumstances,
the notice has been served in reasonable time, and admit or reject
the deposition accordingly.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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