RMR Deposition Procedures & Practices 2

Question 1

What is a FRCP Rule 30(b)(6) deposition?

Accepted Answer

A deposition where a corporation or organization designates a representative to testify on specified topics

Answer

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)?

Accepted Answer

Objection to the form of the question

Answer

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)?

Accepted Answer

A court reporter who is a notary public or other officer authorized to administer oaths

Answer

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)?

Accepted Answer

To inform all parties of the time, place, and identity of the deponent so they may attend and participate

Answer

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?

Accepted Answer

To assert a privilege, comply with a court order, or present a motion to limit or terminate the deposition

Answer

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.

RMR - Registered Merit Reporter Practice Test

RMR - Registered Merit Reporter Practice Test

RMR Deposition Procedures & Practices 2