Depositions

Question 1

What Federal Rule of Civil Procedure tells you the basic rules about taking depositions?

Answer 1

FCRP 30, especially 30(b)(6)

Question 2

FCRP30(b)(6) is a helpful rule that let’s you depose this type of person

Answer 2

Entities such as businesses and governments

Question 3

80% of depositions is fact-gathering. The final 20% is about eliciting ____

Answer 3

Your witness to say certain things or stick to certain positions that helps your case

Question 4

Unlike an opposing party, what do you need to file to get a non-party to testify?

Answer 4

A subpoena

Question 5

What is the great final question Brent suggests to use to finish a topic within a deposition?

Answer 5

“Have you told me everything you know about this topic?”

Question 6

What is recapiulation?

Answer 6

Summarizing the preceding information, worded in the way you want to cut it out from a transcript.

Question 7

You should bring at least __ copies of exhibit documents. For who?

Answer 7

3 copies.
- one for yourself
- one for the court reporter which will be marked as the exhibit
- one for the opposing counsel

Question 8

What is the specific language from FRE 901(a) on what the proponent must show to authenticate a document

Answer 8

“evidence sufficient to support a finding that the item is what the proponent claims it is.”

Question 9

When tailoring a deposition towards a summary judgment, you may want to organize questions based on ____

Answer 9

The elements of a claim

Question 10

What kind of objection leads to a lawyer telling witnesses not to answer.

Answer 10

Privilege claims

Question 11

What is the first thing you should say to a witness when you are preparing them?

Answer 11

Explain the scope of your representation. You are the agency’s lawyer, not the agency employee’s specific lawyer

Question 12

Once the testimony starts, a lawyer and witness can no longer discuss ___

Answer 12

the substance of the case

Question 13

Advice for witnesses: “never ___, never ____”

Answer 13

Never lie. Never guess.

Question 14

FRE 30(c)(2) requires that an objection have these 3 adjectives

Answer 14

“concise,” “nonargumentative,” and “nonsuggestive”

Question 15

Define a speaking objection

Answer 15

An object that instructs the witness how to answer the question

Question 16

If you are asking a witness and opposing counsel objects, what are your 2 options?

Answer 16

(1) rephrase the question OR (2) tell them they can still answer (except privilege)

Question 17

Hearsay, Opinions, Foundation, Leading – these are all improper objections to make in a deposition. Why?

Answer 17

These objections all speak to the admissibility of the information. But the goal of a deposition is to uncover information that could lead to admissible information, but the deposition itself does not necessarily need to be admissible

Question 18

If the court reporter is in a different state than the witness, what stipulation is needed between you and the opposing counsel?

Answer 18

Stipulate that both sides agree the witness’s Oath is valid

Question 19

After depositions, your witness will be asked to take this action

Answer 19

Read through transcript for minor corrections and then sign the transcript