RMR Deposition Procedures & Practices 3

Question 1

Under FRCP Rule 32(a), a deposition may be used at trial as substantive evidence in which of the following circumstances?

Accepted Answer

When the deponent is unavailable at trial or other enumerated FRCP 32(a) conditions are met

Answer

Whenever the deposing party requests it

Answer

Only when all parties consent to its use

Answer

Exclusively to establish foundation for expert testimony

Question 2

What is the legal significance of a 'stipulation' entered into by counsel at the start of or before a deposition?

Accepted Answer

It modifies the standard procedural rules governing the deposition by mutual agreement of the parties

Answer

It waives the deponent's right to have an attorney present

Answer

It requires the deposition to be conducted before a judge

Answer

It automatically limits the number of questions that can be asked

Question 3

As a general rule in federal practice, who bears the cost of the court reporter's services and the original deposition transcript?

Accepted Answer

Generally the party who noticed (requested) the deposition

Answer

Always the party being deposed

Answer

Costs are always split equally between all parties

Answer

The federal court pays all deposition costs

Question 4

What does 'sequestration of witnesses' mean in the context of a deposition proceeding?

Accepted Answer

Excluding witnesses from the deposition room while other witnesses are testifying

Answer

Requiring witnesses to be deposed in alphabetical order

Answer

Sealing the deposition transcript from public access

Answer

Requiring witnesses to be deposed in separate geographic locations

Question 5

What additional requirement does FRCP 30(b)(3) impose when a party intends to record a deposition by audiovisual means?

Accepted Answer

The deposition notice must state that the deposition will be recorded by audiovisual means

Answer

The court reporter's stenographic record is no longer required

Answer

A judge must be present to authenticate the video recording

Answer

The deponent must provide written consent before the deposition begins

Question 6

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)?

Accepted Answer

The deposing party may file a motion to compel the answer under FRCP 37(a)

Answer

The deposing attorney may immediately hold the deponent in contempt of court

Answer

The deposition must be immediately terminated and dismissed

Answer

The court reporter must suspend the proceeding and notify the judge directly

Question 7

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)?

Accepted Answer

The transcript stands as submitted, and the deponent loses the right to make changes

Answer

The deposition transcript is automatically sealed

Answer

The deposing party must schedule a new deposition

Answer

The court reporter must file the transcript with the court immediately