Exam 12: Oral Depositions

How many oral depositions does the Federal Rules of Civil Procedure allow?

Absent a court order or stipulation to the contrary, how many discovery depo- sitions may a party take during the course of a civil action?

What consequence might a party face who notices a witness's deposition but does not subpoena the witness for the deposition because the witness promises to attend without a subpoena?

Why might a party elect to take a witness's oral deposition by video rather than have a court reporter make a stenographic record of the questions and answers?

How does a party schedule a deposition with a deponent?

DEFINE -subpoena duces tecum

What procedure does the deponent use or follow in making changes in his or her deposition transcript?

DEFINE -sequester

A deposition transcript of the deponent's testimony may not be presented to the jury in place of the deponent's live testimony even if the deponent is not available to testify at trial.

What is the principal difference between an affidavit and a deposition?

What advantages does a deposition transcript have over a video-recorded deposition?

DEFINE -depose

The Rules specifically prescribe the time and place for taking depositions.

Under what circumstances may a paralegal take a person's deposition?

The court reporter stops recording the dialogue only if the lawyers agree to have the deponent answer questions "off the record."

Why would a deponent elect to waive the right to read and correct the depo- sition transcript before it is filed with the court?

A written statement which is made under oath and in which the deponent is not subject to cross-examination is called an .

When a person disobeys a subpoena, he or she may be held in .