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.