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Deposition Procedures & Practices Flashcards

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  1. Under Federal Rule of Civil Procedure 30, how many hours is a deposition limited to without a court order or stipulation?

    Answer: 7 hours

    FRCP Rule 30(d)(1) limits a deposition to one day of seven hours unless the court orders otherwise or the parties stipulate to a different duration.

  2. What is a subpoena duces tecum used for in the context of a deposition?

    Answer: To compel a witness to produce documents or tangible items at the deposition

    A subpoena duces tecum commands the recipient to produce specified documents, records, or tangible items at the deposition in addition to appearing to testify.

  3. What is the primary purpose of the 'read and sign' procedure in deposition practice under FRCP 30(e)?

    Answer: To allow the deponent to review and correct any errors in the transcript

    FRCP 30(e) gives the deponent 30 days after being notified that the transcript is available to review it and submit a signed statement listing any changes in form or substance.

  4. Under FRCP Rule 30, how many depositions may a party take without leave of court in most civil cases?

    Answer: 10

    FRCP 30(a)(2)(A) requires leave of court if a party seeks to take more than 10 depositions in the action.

  5. What is a 'speaking objection' in a deposition, and why is it disfavored under FRCP 30(c)(2)?

    Answer: A lengthy objection that coaches the witness on how to answer

    A speaking objection is an unnecessarily verbose objection that effectively coaches or signals to the deponent how to answer, which is improper conduct under FRCP 30(c)(2).

  6. Which of the following best describes a 'deposition de bene esse'?

    Answer: A deposition taken to preserve testimony of a witness who may be unavailable at trial

    A deposition de bene esse is taken to preserve a witness's testimony when there is concern the witness may be unavailable at trial due to age, illness, or anticipated absence.

  7. What is an 'errata sheet' in deposition practice?

    Answer: A document signed by the deponent listing changes to the transcript after review

    An errata sheet is the document submitted by a deponent under FRCP 30(e) that lists any corrections or changes to the transcript along with the stated reason for each change.