CPLR 31 VOLUME 2

Question 1

3106-3107 Priority of depositions; witnesses; prisoners; designation of deponent/ Notice of taking oral questions

Generally, when a person other than a party is subpoenaed for an examination before trial, he must be served with a subpoena at least ____________ before the examination.

Answer 1

20 days

Question 2

3106-3107 Priority of depositions; witnesses; prisoners; designation of deponent/ Notice of taking oral questions

Deposition of a person confined under legal process (prisoner) may be taken only by ___________

Answer 2

leave of court.

Question 3

3106-3107 Priority of depositions; witnesses; prisoners; designation of deponent/ Notice of taking oral questions

(BARD)

• A person or company must produce their employee, director, or officer unless they notify the requesting party at least ________ in advance that they will produce someone else instead.
• The person or company may also request to examine another party at the same time if they give at least ______ notice.

Answer 3

10 days .. 10 days’

Question 4

3108 When written questions are permitted

A deposition may be taken on written questions when the examining party and the deponent so stipulate or when the testimony is to be taken outside NYS.

Answer 4

XX

Question 5

3109 Notice of taking deposition on written questions

(a)

• If a party is served with written questions, within __________ days, they may serve cross-questions on the original party that served them.
• The original party may then serve back written redirect questions within ________ days.
• Within ________ of service of such redirect questions, the party may serve written re-cross questions on the original party.

(b) Copy of notice and written questions shall be delivered by party taking deposition to officer designated in notice.

Officer shall take testimony of witness in response to written questions and to prepare deposition.

Answer 5

15 days ……….7 days……… 5 days

Question 6

3110 Where deposition on notice is to be taken within NYS

1. If person is to be examined is an employee, director, or employee of a party, then place of deposition is within _________ of residence, or where he has an office.
2. If any other person to be examined is a resident, then place of deposition is within county of residence, or is employed, or if not a resident, then within the county ____________

Answer 6

County …….. where employed.

Question 7

3110 Where deposition on notice is to be taken within NYS

3. If party to be examined is a public corporation (or agent, officer, or employee thereof) within the ________ where action is pending, then place of deposition is the office of any of the attorneys for such public corporation, unless parties stipulate otherwise.

Answer 7

county

Question 8

3110 Where deposition on notice is to be taken within NYS

(For purposes of this rule, _________ shall be considered one county.)

Answer 8

NYC

Question 9

3111 Production of things at the examination

A subpoena for an Examination may require the production of books, papers, and other things.

Answer 9

XX

Question 10

3112 Error in Notice for Taking depositions

Deposition is waived unless written objections are served at least ________ before the deposition.

Answer 10

3 days

Question 11

3113 Conduct of the examination

(a) A deposition may NOT be taken by an attorney, employee of an attorney, for party or prospective party or any other person who would be disqualified to act as ________ because of interest or consanguinity or affinity to a party.

Answer 11

juror

Question 12

3113 Conduct of the examination

1. A deposition MAY be taken in NYS by a person authorized by the laws of NYS to _________
2. Outside NYS, but within the United States, depositions may be taken by a person authorized to take acknowledgments of ____________ outside NYS by the real property law of NYS or to administer oaths by the laws of the US or the place where the deposition is taken.

Answer 12

administer oaths……..deeds

Question 13

3113 Conduct of the examination

3. In a foreign country, deposition may be taken by US diplomatic or consular official, or person appointed by commission or under letters rogatory, or officer of US armed forces authorized to take acknowledgments of ____________

Answer 13

deeds.

Question 14

3113 Conduct of the examination

(b) Officer before whom deposition is taken shall:

1. put witness under oath
2. record the testimony (either by himself or by someone other than him under his direction)
3. note any objections (and deposition shall proceed, subject to right of person to apply for a protective order)

Answer 14

XX

Question 15

3113 Conduct of the examination

(c) Examination and cross-examination shall proceed as in a __________ of an action in open court.

Answer 15

trial

Question 16

3113 Conduct of the examination

(d) The parties may stipulate to take deposition by telephone, or other means.

Parties may stipulate that deposition be taken by _____________

Answer 16

electronic means.

Question 17

114 Examination of witness who does not understand the English language

___________ must pay for expenses of examining a witness who does not understand the English language.

Answer 17

Examining party

Question 18

3115 Objections to qualification of person taking deposition; competency; questions and answers

Generally, objections may be made at trial to receiving into evidence any deposition for any reason which would require the exclusion of evidence if the witness were present and ___________

Answer 18

testifying.

Question 19

3116 Signing of deposition, physical preparation, copies

(a) Signing The deposition shall be signed by the witness before any officer authorized to administer an oath.

If witness fails to sign the deposition within _________ , it may be used as fully as though signed.

No changes to the transcript may be made by the witness more than ____________ after submission to the witness for examination.

The officer before whom the deposition was taken shall certify on the deposition that the witness was duly sworn and that the deposition is a true record of the testimony.

Answer 19

60 days………. 60 days

Question 20

3116 Signing of deposition, physical preparation, copies

b) Certification and signing by officer
Unless each party receives a copy of the deposition, or they stipulate to waive the filing of the deposition, the deposition shall be promptly filed with the clerk where the case is to be tried (by registered or certified mail, in an envelope marked “Deposition of (name of witness)”)

The clerk shall make the deposition available to all parties, all of whom are entitled to __________

Answer 20

make copies.

Question 21

3116 Signing of deposition, physical preparation, copies

(c) Exhibits Generally,
exhibits shall be annexed and returned with the deposition.

Answer 21

XX

Question 22

3116 Signing of deposition, physical preparation, copies

(d) Expenses of taking deposition

Unless court orders otherwise, party ____________ shall bear the expense of the deposition.

Answer 22

taking the deposition

Question 23

3116 Signing of deposition, physical preparation, copies

(e) Errors of officer or person transcribing are waived unless objected to with ___________

Answer 23

Reasonable promptness.