Deposition Procedures & Practices Flashcards
7 cards from real RMR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Deposition Procedures & Practices flashcards as text
Under FRCP Rule 32(a), a deposition may be used at trial as substantive evidence in which of the following circumstances?
Answer: When the deponent is unavailable at trial or other enumerated FRCP 32(a) conditions are met
FRCP 32(a) allows deposition testimony to be used as substantive evidence when the deponent is unavailable at trial due to death, distance, illness, or other specified grounds.
What is the legal significance of a 'stipulation' entered into by counsel at the start of or before a deposition?
Answer: It modifies the standard procedural rules governing the deposition by mutual agreement of the parties
Under FRCP 29, parties may by written stipulation modify the procedures for a deposition, such as the time limit, filing requirements, or the use of the transcript.
As a general rule in federal practice, who bears the cost of the court reporter's services and the original deposition transcript?
Answer: Generally the party who noticed (requested) the deposition
As a general rule, the noticing party bears the cost of the court reporter and the original transcript; other parties who want copies are responsible for the cost of their own copies.
What does 'sequestration of witnesses' mean in the context of a deposition proceeding?
Answer: Excluding witnesses from the deposition room while other witnesses are testifying
Sequestration excludes witnesses from hearing each other's deposition testimony so that they cannot tailor their own answers based on what other deponents have said.
What additional requirement does FRCP 30(b)(3) impose when a party intends to record a deposition by audiovisual means?
Answer: The deposition notice must state that the deposition will be recorded by audiovisual means
Under FRCP 30(b)(3)(A), if a party intends to record the deposition by audiovisual means, the deposition notice must state that method of recording, and a stenographic record may still be required.
When a deponent refuses to answer a question at a deposition without a valid legal basis, what is the proper remedy under FRCP 37(a)?
Answer: The deposing party may file a motion to compel the answer under FRCP 37(a)
Under FRCP 37(a)(3)(B)(i), if a deponent fails to answer a question without valid grounds, the discovering party may move the court for an order compelling the answer, and failure to comply with that order can lead to sanctions.
What is the effect when a deponent fails to review the transcript and submit an errata sheet within the 30-day period allowed under FRCP 30(e)?
Answer: The transcript stands as submitted, and the deponent loses the right to make changes
If the deponent does not review and sign the transcript—or submit an errata sheet—within the 30-day period allowed under FRCP 30(e), the officer certifies the transcript and it stands as originally recorded.