Deposition Procedures & Practices Flashcards
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Read the first 7 Deposition Procedures & Practices flashcards as text
What is a FRCP Rule 30(b)(6) deposition?
Answer: A deposition where a corporation or organization designates a representative to testify on specified topics
Under FRCP 30(b)(6), a party may name an organization as the deponent, and that organization must designate one or more representatives to testify on the topics described in the deposition notice.
Which of the following objections must be raised during a deposition or is otherwise waived under FRCP 32(d)(3)(B)?
Answer: Objection to the form of the question
Under FRCP 32(d)(3)(B), objections to the form of a question—such as leading, compound, or vague—must be made at the deposition or they are waived, because they could have been cured if raised timely.
Who is authorized to administer the oath to a deponent at a deposition under FRCP 28(a)?
Answer: A court reporter who is a notary public or other officer authorized to administer oaths
Under FRCP 28(a), depositions must be taken before an officer authorized to administer oaths by federal or state law, and court reporters who are notaries public fulfill this role.
What is the primary purpose of a deposition notice under FRCP Rule 30(b)(1)?
Answer: To inform all parties of the time, place, and identity of the deponent so they may attend and participate
A deposition notice under FRCP 30(b)(1) must state the time, place, and method of recording so that other parties can arrange to attend, prepare, and cross-examine the witness.
Under FRCP 30(c)(2), an attorney may instruct a deponent not to answer a question for which of the following reasons?
Answer: To assert a privilege, comply with a court order, or present a motion to limit or terminate the deposition
FRCP 30(c)(2) limits instructions not to answer to three situations: preserving a privilege, enforcing a court order, or presenting a motion under FRCP 30(d)(3) to terminate or limit the deposition.
What document does a court reporter attach to a completed deposition transcript to certify its accuracy under FRCP 30(f)(1)?
Answer: A certificate of the officer (court reporter) attesting the witness was sworn and the transcript is accurate
Under FRCP 30(f)(1), the officer must certify that the witness was duly sworn and that the deposition is a true record of the testimony, and this certificate must accompany the transcript.
Under FRCP 30(b)(4), a deposition may be taken by remote means such as telephone or video conference under what condition?
Answer: All parties agree or the court orders it
FRCP 30(b)(4) permits depositions by telephone or other remote electronic means when the parties stipulate or the court orders it, provided the notice states the method of recording to be used.