RMR Deposition Procedures & Practices 2 — Questions and Answers
Question 1: What is a FRCP Rule 30(b)(6) deposition?
- A deposition of a government official in a federal case
- A deposition where a corporation or organization designates a representative to testify on specified topics (Correct answer)
- A deposition conducted via written questions only
- A deposition that may last longer than seven hours by right
Correct 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.
Question 2: Which of the following objections must be raised during a deposition or is otherwise waived under FRCP 32(d)(3)(B)?
- Objection to the competency of the witness
- Objection to the form of the question (Correct answer)
- Objection based on relevance
- Objection to legal conclusions drawn in an answer
Correct 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.
Question 3: Who is authorized to administer the oath to a deponent at a deposition under FRCP 28(a)?
- Only a sitting judge or magistrate
- A court reporter who is a notary public or other officer authorized to administer oaths (Correct answer)
- Any attorney who is licensed in the state where the deposition occurs
- The party who noticed the deposition
Correct 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.
Question 4: What is the primary purpose of a deposition notice under FRCP Rule 30(b)(1)?
- To formally charge a witness with potential perjury
- To inform all parties of the time, place, and identity of the deponent so they may attend and participate (Correct answer)
- To request the court appoint a special master to oversee the deposition
- To certify the transcript before it is filed with the court
Correct 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.
Question 5: Under FRCP 30(c)(2), an attorney may instruct a deponent not to answer a question for which of the following reasons?
- The question calls for hearsay
- To assert a privilege, comply with a court order, or present a motion to limit or terminate the deposition (Correct answer)
- The question is objectionable as to form only
- The question exceeds the general scope of the case
Correct 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.
Question 6: What document does a court reporter attach to a completed deposition transcript to certify its accuracy under FRCP 30(f)(1)?
- A chain of custody form
- A certificate of the officer (court reporter) attesting the witness was sworn and the transcript is accurate (Correct answer)
- A copy of the deposition notice
- A signed errata sheet from the deponent
Correct 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.
Question 7: Under FRCP 30(b)(4), a deposition may be taken by remote means such as telephone or video conference under what condition?
- All parties agree or the court orders it (Correct answer)
- Only if the deponent lives more than 100 miles from the courthouse
- Only in cases involving parties in different countries
- Only if the deponent is under 18 years of age
Correct 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.
RMR Deposition Procedures & Practices 2
What is a FRCP Rule 30(b)(6) deposition?