Essay Rules 5514 Flashcards
When can a court order a party to submit to a physical or mental examination?
A court may order a party to submit to a physical or mental examination when that party’s physical or mental condition is in controversy. The examination must be conducted by a suitably licensed or certified examiner.
Is a mental examination appropriate if there is no indication that a party’s mental condition is relevant to the case?
No, a mental examination is only appropriate if a party’s mental condition is in controversy. If there are no claims or facts suggesting that the party’s mental state is relevant, the court should not order a mental examination.
What is a valid objection to a deposition notice based on timing?
A party may object to a deposition notice if it is served too close to the discovery cutoff date, preventing adequate preparation or the opportunity to depose the witness themselves. A motion for a protective order may be filed in such cases.
Under what circumstances may deposition testimony be used at trial instead of live testimony?
Deposition testimony may be used at trial if the witness is unavailable, such as being more than 100 miles from the trial location, outside the country, or if exceptional circumstances justify its use in the interest of justice.
Can cost-saving considerations justify using deposition testimony at trial instead of live testimony?
No, avoiding the cost of a witness’s trial testimony is not considered an exceptional circumstance that would justify the use of deposition testimony in lieu of live testimony.
What factors determine whether a witness’s deposition testimony is admissible at trial?
Deposition testimony is admissible if the witness is unavailable under applicable procedural rules or if its probative value outweighs any potential unfair prejudice. The court may also consider whether the party offering the deposition could have procured the witness’s attendance by subpoena.
What is the significance of the 100-mile rule in determining witness availability?
A witness who is more than 100 miles from the trial location is generally considered unavailable, allowing their deposition testimony to be used at trial, unless their absence was procured by the party offering the testimony.
What procedural step can a party take if a deposition notice is received with insufficient time to prepare?
A party may move for a protective order if they receive less than 14 days’ notice of a deposition and promptly object to the timing, arguing that it is unfairly prejudicial.
