RMR Deposition Procedures & Practices

Question 1

Under Federal Rule of Civil Procedure 30, how many hours is a deposition limited to without a court order or stipulation?

Accepted Answer

7 hours

Answer

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?

Accepted Answer

To compel a witness to produce documents or tangible items at the deposition

Answer

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)?

Accepted Answer

To allow the deponent to review and correct any errors in the transcript

Answer

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?

Accepted Answer

10

Answer

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)?

Accepted Answer

A lengthy objection that coaches the witness on how to answer

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).

RMR - Registered Merit Reporter Practice Test

RMR - Registered Merit Reporter Practice Test

RMR Deposition Procedures & Practices