NATIONAL BROKER ASSOCIATES, INC., a Florida corporation, Plaintiff, Counterdefendant-Appellant, v. MARLYN NUTRACEUTICALS, INC., an Arizona corporation, Defendant, Counterclaimant-Appellee., 211 Ariz. 210

Summary

The broker claimed the trial court erred in imposing sanctions that emasculated its case and caused it to be dismissed with prejudice, and that the notice of deposition was improper because it gave 11 calendar days' notice instead of the 10 business days required by Ariz. R. Civ. P. 30(b)(1) and 6. The court held that the 10 day rule did not apply if the trial court exercised its authority under Ariz. R. Civ. P. 30(b)(3) to modify the time for taking the deposition for cause. The record showed that the trial court made it clear that the deposition needed to take place quickly because of the approaching trial date and the broker did not object. Also the broker ignored the notice of deposition, which constituted a failure to obey the trial court's order; thus sanctions were properly imposed. The court found that the sanctions did not preclude the broker from making any claim, and that it was the broker, not the trial court, that suggested a judgment be entered because it could no longer ...