Themis Essay 5514

Question 1

If the mental or physical condition of a party is in controversy, then the court may

Answer 1

order such person to submit to a physical or mental examination by a licensed or certified examiner.

Question 2

A licensed or certified examiner need not be

Answer 2

a physician, but often is.

Question 3

A deposition cannot be used against a party who, having received less than 14 days’ notice of the deposition, promptly

Answer 3

moves for a protective order requesting that it not be taken or be taken at a different time or place.

Question 4

While the discovery process requires a degree of cooperation between the parties, there is no requirement that

Answer 4

a party obtain the consent of an opposing party before deposing a non-party witness.

Question 5

There are 3 ways a deposition may be used at trial for substantive purposes:

Answer 5

(i) The witness is more than 100 miles from the trial or is outside of the country, unless the witness’s absence was procured by the party offering the deposition;

(ii) The party offering the deposition could not procure the witness’s attendance by subpoena; or

(iii) On motion and notice, exceptional circumstances make it desirable in the interest of justice to permit the deposition to be used.