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Flashcards in Depositions Deck (19)
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1
Q

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

A

FCRP 30, especially 30(b)(6)

2
Q

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

A

Entities such as businesses and governments

3
Q

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

A

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

4
Q

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

A

A subpoena

5
Q

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

A

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

6
Q

What is recapiulation?

A

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

7
Q

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

A

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

8
Q

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

A

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

9
Q

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

A

The elements of a claim

10
Q

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

A

Privilege claims

11
Q

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

A

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

12
Q

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

A

the substance of the case

13
Q

Advice for witnesses: “never ___, never ____”

A

Never lie. Never guess.

14
Q

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

A

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

15
Q

Define a speaking objection

A

An object that instructs the witness how to answer the question

16
Q

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

A

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

17
Q

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

A

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

18
Q

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

A

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

19
Q

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

A

Read through transcript for minor corrections and then sign the transcript