Exam:
CRP 30, 33, 34, 36, 37
Will Draft Discovery
1. CRP 30: Depositions by Oral Examination
· Summary:
· A Deposition is the taking of testimony from a witness under oath.
· Limits deposition to one day.
· Seven hours of questioning in that day.
– May get more time by court order or agreement between parties.
· May be served on party simply by supplying notice.
· May be served on anyone via CRP 45 (subpoena)
· Must give reasonable notice, advance notice of required documents to bring
· Objections must be on record, witness must still answer.
· May instruct client not to answer for 3 reasons:
– To preserve a privilege
– Preserve a court order
– To prevent harassing questions (can be ended if performed in bad faith)
(a) When a Deposition May Be Taken.
(1) Without Leave. A party may, by oral questions, depose any person, including a party, without leave of court except as provided in Rule 30(a)(2). The deponent’s attendance may be compelled by subpoena under Rule 45.
(2) With Leave. A party must obtain leave of court, and the court must grant leave to the extent consistent with Rule 26(b)(2):
(A) if the parties have not stipulated to the deposition and:
(i) the deposition would result in more than 10 depositions being taken under this rule or Rule 31 by the plaintiffs, or by the defendants, or by the third-party defendants;
(ii) the deponent has already been deposed in the case; or
(iii) the party seeks to take the deposition before the time specified in Rule 26(d), unless the party certifies in the notice, with supporting facts, that the deponent is expected to leave the United States and be unavailable for examination in this country after that time; or
(B) if the deponent is confined in prison.
(b) Notice of the Deposition; Other Formal Requ
and other parties, any party may designate another method for recording the testimony in addition to that specified in the original notice. That party bears the expense of the additional record or transcript unless the court orders otherwise.
(4) By Remote Means. The parties may stipulate–or the court may on motion order–that a deposition be taken by telephone or other remote means. For the purpose of this rule and Rules 28(a), 37(a)(2), and 37(b)(1), the deposition takes place where the deponent answers the questions.
(5) Officer’s Duties.
(A) Before the Deposition. Unless the parties stipulate otherwise, a deposition must be conducted before an officer appointed or designated under Rule 28. The officer must begin the deposition with an on-the-record statement that includes:
