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Article • August 15, 2008
Deposition Objections Discussed by The 1993 amendments to Rule 30, Fed.R.Civ.P., which require objections in depositions to be stated "concisely and in a non-argumentative and non-suggestive manner," were a response in part to speaking and coaching objections like "if you know" and "if you remember." The court condemns plaintiff's attorneys' …
Article • August 15, 2008
Alaska PRA Requires Disclosure of Fiscal Report and Employee Performance Evaluation by The Anchorage Daily News (newspaper) obtained an injunction in state court under the state Public Records Act (PRA), Alaska Stat. § 44.62.310 et seq, compelling the city of Anchorage to produce a tape recording. The city later refused …
Article • August 15, 2008
Federal Employees Cannot Be Subpoenaed for Private Litigation by The district court did not abuse its discretion in quashing a deposition subpoena for a Fish and Wildlife Service biologist, consistently with the FWS's policy of not letting its biologists testify in private litigation, since they were already overworked and the …
Montana Public Defender's Deposition Subject to Public Scrutiny by The Billings Gazette, a Montana newspaper, sued in state court to compel disclosure of a deposition given by Yellowstone County's chief public defender, Sanford Selvey in connection with a civil action which resulted in Selvey's resignation as public defender. The trial …
Court Decides Against Defendant's Discovery Abuses in Texas Police Shooting Case by The decedent was discovered naked in an automobile masturbating, and he refused to come out, so of course the police killed him. At 207: "This case is a prime example of a troubling trend in civil rights cases. …
Article • May 15, 2007
Tape Recorded Deposition Discretionary by A federal district court in Ohio has held that granting an application to record the deposition of witnesses by tape recorder is within the Court's discretion under Fed. R.Civ.P. 30(b)(4). The Court granted the plaintiff's motion if: (1) a neutral party coordinates deposition by swearing …
Article • May 15, 2007
Supervision Not Required for Failure to Obtain Leave to Take Prisoner's Deposition by Supervision Not Required for Failure to Obtain Leave to Take Prisoner's Deposition The Sixth Circuit Court of Appeals has held that the failure to request and receive court permission to take a prisoner's deposition in a civil …
Article • May 15, 2007
Non-Stenographic Depositions May Not Require Independent Operator by The District of Columbia Court of Appeals on mandamus review ordered a district court to allow the plaintiff party to take depositions by other than stenographic means. The plaintiff moved the district court, under Rule 30(b)(4), Federal Rules of Civil Procedure, to …
Article • May 15, 2007
Court Adopts Definitions of Tape Recordings by A federal district court in Nebraska has adopted definitions of what constitutes an original and duplicate recording of a tape recorded deposition of a witness, and outlined requirements for taking the deposition. Rule 1001, Rules of Evidence for United States Courts and Magistrates, …
Article • May 15, 2007
Independent Operator Not Necessary for Tape Recorded Deposition by A federal district court in Pennsylvania has held that to require an independent operator to oversee the tape recorded deposition of a witness is cost prohibitive. The motion for the tape recorded deposition was made by a state prisoner represented by …
Article • May 15, 2007
Counsel Cannot Direct Witness Not to Answer Questions by A federal district court in Georgia granted a plaintiff's Motion to Compel answers to deposition questions where counsel advised the witness not to answer the questions. The Court held there was no claim of privilege, and the questions were not harassing …
Defendants Must Bear Costs of Depositions Sought by Indigent Prisoners; and Attorney-Client Privilege Waived by Defendants Must Bear Costs of Depositions Sought by Indigent Prisoners; and Attorney-Client Privilege Waived On remand from the United States Supreme Court, the Federal District Court of New York held that, generally, a party seeking …
Article • May 15, 2007
Tape Recorded Depositions' Intent: Cost Efficiency by A federal district court in Illinois has held that the intent of Fed.R.Civ.P. 30(b)(4) is to make a significant contribution to the efficient and economic administration of justice. The Court outlined several principles for promulgating guidelines to safeguard the non-stenographic record. First, allocation …
Article • May 15, 2007
Tape Recorded Depositions Useful to Prisoners by A federal district court in Washington has held that in addition to making the required two recordings of a witness's deposition, the requestor may make an additional unofficial recording for use as a work product. This procedure may be useful to pro se …
Article • May 15, 2007
Telephonic Depositions Useful to Prisoners by A federal district court in North Carolina has held that Fed.R.Civ.P. 30 (b)(7) should be liberally construed to allow a telephonic deposition of a witness. The plaintiff sought such a deposition because she was unable to afford the cost to do a face-to-face deposition …
Article • May 15, 2007
Deponents Must Explain Changes to Testimony by A witness made substantive changes to his deposition testimony and could not explain them. Rule 30(e) permits changes both in form and substance. A deponent who makes such changes may be subject to the reopening of the deposition concerning them. However, the rule …
Article • May 15, 2007
Attorney Misconduct at Depositions by Defense counsel engaged in misconduct at depositions by improperly "interpreting" questions for the witnesses, coaching them as to how to answer, engaging in lengthy speaking objections and colloquies, conferred with his witnesses during questioning, and left the room with a deponent while questions were pending. …
Article • May 15, 2007
Deposition of Juvenile Prisoner Rape Victim Postponed Until Release by The mother of a juvenile detainee alleged that an officer had sexually assaulted her son. The deposition of a person confined in prison may be taken only "with leave of court on such terms as are just" under Rule 30(a)(2). …
Article • May 15, 2007
No Suit Dismissal for Not Answering Deposition Questions by The plaintiff refused to answer questions at his deposition on the ground that he was being threatened with harm at the prison if he spoke, and he asked the Assistant Attorney General to protect him. His claim was of retaliation for …
Article • May 15, 2007
Seven Hour Deposition Limit by Defendants moved to depose the plaintiff for 14 hours over two days rather than seven hours in one day as contemplated by amended Rule 30(d)(2), Fed.R.Civ.P. At 24: "However, the better practice is for the deposition to go forward to determine how much is able …
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