Depostions

Question 0

Can a nonparty be deposed?

Answer 0

Yes. Anyone with discoverable info can be deposed. Unless subpeonaed, nonparty is under no obligation to go

Question 1

What is a deposition?

Answer 1

Under oath, in person, recorded and then transcribed oral response to questions.

Can be accompanied by request of tangible things or documents

Question 2

Rule 30(b)(1)

Answer 2

Party must notice the deposition. Must give written notice, name person, indicate date, time, and place.

Question 3

Rule 30(?)(2)
Objections ....party still have to answer.

Answer 3

Rule 30(c)(2)
Yes.
Objection noted but examination still proceeds.
Objection must be nonarguementative and non suggestive manner..

Question 4

When during an objection will party NOT have to answer?

Answer 4

If claim privilege or under rule 30(d)(3)

Question 5

Motion to terminate depo on grounds being conducted in bad faith, unreasonably annoys, embarrasses or oppresses deponent.

Answer 5

Rule 30(d)(3)

Question 6

Does an objection stop the depo.

Answer 6

No. If every time objected depo stopped would get nowhere.

Question 7

Why is privilege the only exception?

Answer 7

Can’t undue it by excluding it later (was never to be discoverable in the first place)

Question 8

If lawyer doesn’t object at deposition,can he still object at trial.

Answer 8

YES.

Question 9

When is an objection waived by failure to raise it?
Rule 32(d)(1)(2)&(3)

Answer 9

• objections that could have been cured.
  1) To the NOTICE of depo= When the party was not promptly served in writing of a mistake
  2) officer is unqualified to give it=>b4 depo begins or promptly after aware
  3) objection to relevance of deponents competence of testimony not waived unless grounds for it might have been corrected at that time.

Question 10

How many allowed?

Answer 10

Ten
Rule 30(a)(2)(A)(i)
If want more, court must grant leave.

Question 11

How long are they allowed to last?

Answer 11

7 hours per depo

If want longer need court order

Question 12

Has to be transcribed

Answer 12

So be good to your court reporter

Question 13

What of nonparty subpeonaed and can’t go that day

Answer 13

Nonparty can ask judge to quash it.

Question 14

Rule for corporations/organizations?

Answer 14

Rule 30(b)(6)
Give subject matter notice and then entity will choose a deponent

Question 15

Notice to non parties?

Answer 15

Rule 45 subpeona AND notice to parties under rule 30

Question 16

Subpeona duces tecum?

Answer 16

Notice to produce documents at depo.
Materials designated on subpeona must be listed in the notice or in the attachment. 
Rule 30(b)(2)