Depositions Flashcards
What Federal Rule of Civil Procedure tells you the basic rules about taking depositions?
FCRP 30, especially 30(b)(6)
FCRP30(b)(6) is a helpful rule that let’s you depose this type of person
Entities such as businesses and governments
80% of depositions is fact-gathering. The final 20% is about eliciting ____
Your witness to say certain things or stick to certain positions that helps your case
Unlike an opposing party, what do you need to file to get a non-party to testify?
A subpoena
What is the great final question Brent suggests to use to finish a topic within a deposition?
“Have you told me everything you know about this topic?”
What is recapiulation?
Summarizing the preceding information, worded in the way you want to cut it out from a transcript.
You should bring at least __ copies of exhibit documents. For who?
3 copies.
- one for yourself
- one for the court reporter which will be marked as the exhibit
- one for the opposing counsel
What is the specific language from FRE 901(a) on what the proponent must show to authenticate a document
“evidence sufficient to support a finding that the item is what the proponent claims it is.”
When tailoring a deposition towards a summary judgment, you may want to organize questions based on ____
The elements of a claim
What kind of objection leads to a lawyer telling witnesses not to answer.
Privilege claims
What is the first thing you should say to a witness when you are preparing them?
Explain the scope of your representation. You are the agency’s lawyer, not the agency employee’s specific lawyer
Once the testimony starts, a lawyer and witness can no longer discuss ___
the substance of the case
Advice for witnesses: “never ___, never ____”
Never lie. Never guess.
FRE 30(c)(2) requires that an objection have these 3 adjectives
“concise,” “nonargumentative,” and “nonsuggestive”
Define a speaking objection
An object that instructs the witness how to answer the question
