Deposition

Question 1

What is the purpose of Rule 23 regarding depositions pending actions?

Answer 1

To outline the procedures for taking depositions upon ex parte motion of a party.

Question 2

Under what condition can depositions be taken from a person confined in prison?

Answer 2

Only by leave of court on terms prescribed by the court.

Question 3

What is required for the attendance of witnesses during depositions?

Answer 3

Attendance may be compelled by the use of a subpoena as provided in Rule 21.

Question 4

What matters may a deponent be examined about during a deposition?

Answer 4

Any matter not privileged and relevant to the subject of the pending action.

Question 5

Which sections of Rule 132 outline the procedures for examination and cross-examination of deponents?

Answer 5

Sections 3 to 18.

Question 6

Fill in the blank: The testimony of any person may be taken by deposition upon _______ or written interrogatories.

Answer 6

[oral examination]

Question 7

True or False: The deposition of a person confined in prison can be taken without the court’s permission.

Answer 7

False

Question 8

What types of information can be explored during a deposition in relation to the pending action?

Answer 8

• Existence of books
• Description of documents
• Nature of tangible things
• Custody of items
• Condition of items
• Location of items
• Identity of knowledgeable persons

Question 9

What is the role of the court in determining the scope of deposition examinations?

Answer 9

The court may issue orders as provided by Sections 16 or 18 of Rule 23.