Depositions
Governed by FRCP 27–32.
What is a deposition?
- A deposition is where an attorney asks questions of a witness (a deponent), and the witness answers under oath.
- This usually never happens in court, but rather at an office.
- A reporter typically makes a transcript of the proceedings. Typically no judge is even present in these.
- Default amount allowed: maximum of 10 depositions, each deposition lasts for seven hours.
- Can ask things that normally wouldn't fly in court because depositions can show you where you need to look/what you need to request next.
Downsides of Depositions?
- They can be VERY expensive.
- They require a ton of preparation—which is all billable.
Special Types of Depositions
- Rule 27—Depositions to Perpetuate Testimony: someone is either close to dying or leaving the country, and their testimony is needed.
- Rule 31—Depositions by Written Questions: hybrid between a deposition and an interrogatory.
- Rule 30(b)(6)—Depositions for Organization to Produce Relevant Persons: tell us the people who we can talk to about this.
- Rule 30(b)(2): Subpoena duces tecum: bring something with you to the deposition.