Sometimes it is necessary to take a deposition for use at a trial after the discovery cut-off has already passed. There is a line of Federal cases which recognize the difference between discovery depositions and trial testimony preservation depositions and allow the latter to be taken even after the discovery cut-off has occurred. See, eg., Charles v. Wade, 665 F.2D 661 (5th Cir. 1982) and Estenfelder v. The Gates Corporation, 199 F.R.D.351 (D. Colo. 2001).
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