RMR Deposition Procedures & Practices 1 — Questions and Answers
Question 1: Under Federal Rule of Civil Procedure 30, how many hours is a deposition limited to without a court order or stipulation?
- 4 hours
- 7 hours (Correct answer)
- 10 hours
- 8 hours
Correct 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.
Question 2: What is a subpoena duces tecum used for in the context of a deposition?
- To compel a witness to testify in person only
- To compel a witness to produce documents or tangible items at the deposition (Correct answer)
- To extend the time limit for a deposition
- To disqualify a witness from testifying
Correct 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.
Question 3: What is the primary purpose of the 'read and sign' procedure in deposition practice under FRCP 30(e)?
- To allow the court reporter to verify their stenographic notes
- To allow the deponent to review and correct any errors in the transcript (Correct answer)
- To provide the opposing party an opportunity to redact sensitive information
- To certify the deposition for immediate use as trial evidence
Correct 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.
Question 4: Under FRCP Rule 30, how many depositions may a party take without leave of court in most civil cases?
- 5
- 10 (Correct answer)
- 15
- 20
Correct answer: 10
FRCP 30(a)(2)(A) requires leave of court if a party seeks to take more than 10 depositions in the action.
Question 5: What is a 'speaking objection' in a deposition, and why is it disfavored under FRCP 30(c)(2)?
- An objection made in writing before the deposition begins
- A lengthy objection that coaches the witness on how to answer (Correct answer)
- An objection made by a non-attorney observer at the deposition
- An objection to the use of audiovisual recording equipment
Correct 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).
Question 6: Which of the following best describes a 'deposition de bene esse'?
- A deposition taken after trial for use in an appeal
- A deposition taken to preserve testimony of a witness who may be unavailable at trial (Correct answer)
- A deposition used solely for impeachment purposes
- A deposition conducted by written questions only
Correct 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.
Question 7: What is an 'errata sheet' in deposition practice?
- A form certifying the accuracy of the court reporter's transcript
- A document signed by the deponent listing changes to the transcript after review (Correct answer)
- A billing statement from the court reporting agency for the deposition
- A notice of deposition served on all parties before it occurs
Correct 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.
RMR Deposition Procedures & Practices 1
Under Federal Rule of Civil Procedure 30, how many hours is a deposition limited to without a court order or stipulation?