RPR Deposition Procedures and Notarial Duties 2 — Questions and Answers
Question 1: What is the primary purpose of a deposition notice?
- To inform the reporter of the case caption and billing details
- To formally notify all parties of the time, place, and subject of a deposition (Correct answer)
- To certify the completed transcript for court filing
- To request judicial permission before conducting a deposition
Correct answer: To formally notify all parties of the time, place, and subject of a deposition
A deposition notice formally informs all parties of when and where the deposition will occur and who will be deposed, as required by procedural rules.
Question 2: In a deposition, a 'deponent' is best defined as which of the following?
- The attorney who schedules and conducts the deposition
- The court reporter creating the stenographic record
- The witness who provides sworn testimony during the proceeding (Correct answer)
- The judge who issues an order compelling the deposition
Correct answer: The witness who provides sworn testimony during the proceeding
The deponent is the witness who gives sworn testimony at a deposition, which is then recorded by the court reporter.
Question 3: What is a stipulation in the context of a deposition proceeding?
- A formal objection made by an attorney to a specific question
- An agreement between the parties regarding deposition procedures, made on the record (Correct answer)
- A court order requiring a witness to appear
- A legal brief summarizing the key testimony taken
Correct answer: An agreement between the parties regarding deposition procedures, made on the record
A stipulation is an on-the-record agreement between counsel about procedural matters such as how the transcript will be handled or objections reserved.
Question 4: Which type of subpoena compels a witness to bring documents or tangible evidence to a deposition?
- Subpoena ad testificandum
- Subpoena duces tecum (Correct answer)
- Subpoena in limine
- Subpoena pro tempore
Correct answer: Subpoena duces tecum
A subpoena duces tecum (Latin for 'bring with you') requires the recipient to produce documents or other items at the deposition.
Question 5: When an attorney instructs a witness not to answer a question during a deposition, what is the court reporter's proper course of action?
- Ask the witness to answer anyway to preserve the record
- Immediately adjourn the deposition
- Accurately note the instruction not to answer on the record and continue (Correct answer)
- Strike the question and instruction from the transcript
Correct answer: Accurately note the instruction not to answer on the record and continue
The reporter must faithfully record the instruction not to answer, preserving the record for any subsequent motion to compel testimony.
Question 6: What does it mean when a deponent 'waives' signature on a deposition transcript?
- The deponent gives up the right to review the transcript and note changes before it is finalized (Correct answer)
- The court reporter waives their certification requirement for that transcript
- All parties agree not to use the transcript as evidence at trial
- The deponent must sign the transcript within 24 hours of completion
Correct answer: The deponent gives up the right to review the transcript and note changes before it is finalized
Waiving signature means the deponent relinquishes their right under FRCP 30(e) to review the transcript and submit an errata sheet.
Question 7: A Certified Shorthand Reporter (CSR) designation indicates which of the following?
- A reporter who works exclusively in federal courts
- A state-licensed court reporter who has passed a state certification examination (Correct answer)
- A reporter who uses only computer-aided transcription software
- A reporter certified solely in medical and technical terminology
Correct answer: A state-licensed court reporter who has passed a state certification examination
A CSR holds a state-issued license, typically obtained by passing that state's certification examination for court reporters.
RPR Deposition Procedures and Notarial Duties 2
What is the primary purpose of a deposition notice?