Deck 8: Discovery: Depositions

Question 1

Witnesses should not be paid a fee.

Answer 1

False

Question 2

Depositions can be taken before an action is filed.

Answer 2

True

Question 3

Depositions are used to evaluate the opposing attorney.

Answer 3

True

Question 4

Subpoenas in the federal system are served by a sheriff.

Question 5

The defendant may not be represented at a deposition conducted by the plaintiff.

Question 6

Federal rule limits depositions to a seven-hour day.

Question 7

A deposition by written questions is best because the other party cannot ask cross questions. ​

Question 8

The party requesting the deposition must pay recording costs. ​

Question 9

In jurisdictions where judges do not sign subpoenas, HIPAA requires written assurance that the patient has been notified of the intent to subpoena the records.

Question 10

If a witness dies before trial, that witness's deposition may not be used.

Question 11

If your state has a long-arm statute, any deponent may be brought from a distant state for a local deposition.

Question 12

Because depositions are expensive, they are rarely used.

Question 13

A plaintiff can be required to attend a deposition in the jurisdiction where the action was brought.

Question 14

A deposition may not be taken before the parties' planning meeting without leave of the court, under Rule 26(a). ​

Question 15

Only parties and eyewitnesses may be deposed. ​

Question 16

A subpoena duces tecum allows a witness to submit answers in writing without appearing in person.

Question 17

A certified court reporter usually records depositions.

Question 18

An objection to a subpoena can be served any time before the deposition.

Question 19

Normally, no more than ten depositions are allowed.

Question 20

In the federal system, an attorney can issue a subpoena for a deposition. ​

Question 21

A videotape of the deposition is advantageous because ​

A) ​ a good-quality tape is easy to produce.
B) ​ a laboratory demonstration can be shown.
C) ​ editing can make the testimony more effective.
D) ​ it makes summarizing the deposition easier.

Question 22

Depositions vary from the scope of most other discovery devices because they ​

A) ​ are not limited to the other party.
B) ​ are not limited by relevancy.
C) ​ may provide access to documents.
D) ​ are not limited by privilege.

Question 23

A deposition may be taken without leave of court under Rule 26(a) only if the ​

A) ​ deponent is not a party.
B) ​ deponent does not have an attorney.
C) ​ deposition takes place outside the jurisdiction of the court.
D) ​ parties' planning meeting has taken place.

Question 24

Cross-indexing deposition testimony is likely to lose information.

Question 25

Witnesses are more accurate if they refer to a diagram.

Question 26

Good objections suggest answers to the deponent.

Question 27

Paralegals can serve subpoenas.

Question 28

Paralegals may question deponents if the supervising attorney is not present.

Question 29

Copies of documents reviewed by witnesses before the deposition must be made available to the opposing party. ​

Question 30

Deposition digests should include pertinent notes on the deponent's demeanor.

Question 31

If a deposition is conducted by written questions, the requesting party must serve the questions on every other party.

Question 32

If a party is to be deposed, a subpoena must be prepared.

Question 33

The notice of deposition does not include ​

A) ​ a list of documents to be brought to the deposition.
B) ​ business topics the deposition will cover.
C) ​ the method of recording the testimony.
D) ​ a list of damages to be calculated.

Question 34

Depositions are specifically covered in the Federal Rules of Civil Procedure in Rules ​

A) 22-25. ​
B) ​ 37-40.
C) ​ 27-32.
D) ​ 33-36.

Question 35

A preliminary interview can help determine whom to depose.

Question 36

The official deposition transcript cannot be changed.

Question 37

Depositions ​

A) are by oral exam only. ​
B) ​ require an oath.
C) ​ are by written questions only.
D) ​ may not take place before the action is filed.

Question 38

The person to be examined at a deposition is referred to as the ​

A) ​ notary.
B) ​ depositor.
C) ​ deposer.
D) ​ deponent.

Question 39

If a party is unable to obtain counsel, a deposition without leave of court may not be used at trial against that party.

Question 40

A witness may be deposed up to three times.

Question 41

Inconsistencies in deposition testimony ​

A) ​ are sufficient reason for a second deposition.
B) ​ make the deposition useless.
C) ​ are irrelevant.
D) ​ can be used to impeach a witness.

Question 42

Upon proper notice, a corporate agent to be deposed is ​

A) ​ named by the corporation.
B) ​ the party requesting the deposition.
C) ​ the opposing party.
D) ​ the judge.

Question 43

A party to be deposed must receive a ​

A) motion to depose. ​
B) ​ court order.
C) ​ notice of deposition.
D) ​ summons.

Question 44

Objections to a subpoena must be served on the other party ​

A) ​ within ten days of service.
B) ​ within fourteen days of service.
C) ​ within twenty days of service.
D) ​ any time before trial.

Question 45

In preparing for a deposition a client should be told ​

A) ​ to be truthful.
B) ​ how to answer.
C) ​ to constantly look at his or her own attorney for signals.
D) ​ to memorize answers.

Question 46

​ A subpoena for a deposition must

A) ​ adhere to the least restrictive medical privacy standards.
B) ​ require the appearance of the person producing documents.
C) ​ state the method of recording the deposition.
D) ​ make no requirements as to the form in which e-information should be produced.

Question 47

When the opposing party is to bring documents to a deposition, she or he should be served with a ​

A) ​ Rule 34 request.
B) summons. ​
C) ​ subpoena duces tecum.
D) ​ court sanction.

Question 48

When preparing witnesses for testimony ​

A) ​ have them review all recorded statements.
B) ​ tell them the answers they should give.
C) ​ tell them to be impartial.
D) ​ tell them to answer questions quickly.

Question 49

Changes to the deposition transcript can be made by ​

A) the attorney. ​
B) ​ the deponent.
C) ​ the court reporter.
D) ​ no one.

Question 50

If the deponent refuses to sign the deposition transcript, it is signed by ​

A) ​ the court reporter.
B) ​ the judge.
C) ​ the attorneys.
D) ​ no one.

Question 51

Documents or photos may be introduced at depositions so that ​

A) ​ the deponent can be convinced of your client's position.
B) ​ they can be authenticated.
C) ​ they can be verified.
D) ​ document production is unnecessary.

Question 52

If a deposition is taken in a different district from where the action is pending, the subpoena caption must state the name of the court ​

A) ​ that issues the subpoena.
B) ​ where the action is pending.
C) ​ in both districts.
D) ​ in neither district.

Question 53

Rule 45 governs the use of ​

A) ​ depositions.
B) ​ interrogatories.
C) ​ requests for admission.
D) ​ subpoenas.

Question 54

Under federal rules, a deponent may review the deposition transcript ​

A) after a motion is submitted. ​
B) ​ with a court order.
C) ​ if a request is entered into the deposition record.
D) ​ without restriction.

Question 55

Subpoenas are usually issued in ​

A) medias res. ​
B) ​ toto.
C) ​ forma pauperis.
D) ​ blank.

Question 56

An Arrangements Checklist and Items Sent to Witness are two types of ​

A) ​ subpoena procedures.
B) ​ deposition tracking logs.
C) ​ witness preparation logs.
D) ​ HIPAA requirements.

Question 57

A subpoena must be served by a ​

A) ​ federal marshal.
B) ​ sheriff.
C) ​ person of legal age.
D) ​ paralegal.

Question 58

A subpoena is issued by a clerk in the federal system in ​

A) ​ the district where the deposition is to be taken.
B) ​ any district that has jurisdiction.
C) ​ the location most convenient for the deponent.
D) ​ the district where the action is pending.

Question 59

The best procedure for generating possible questions for a deposition is ​

A) ​ writing out the potential questions.
B) ​ dictating the potential questions on tape.
C) ​ using videotape.
D) ​ dictating the questions to a legal secretary.

Question 60

An important paralegal task at the deposition is to ​

A) instruct the witness. ​
B) ​ record the testimony.
C) ​ summarize the deposition.
D) ​ listen and observe.

Question 61

Digesting documents makes it easier to ​

A) ​ impeach them.
B) ​ compare evidence.
C) ​ retrieve details.
D) ​ have them admitted as evidence.

Question 62

How can computers be used in deposition practice?

Question 63

Compare the scope of questioning at a deposition to that at trial.

Question 64

What is the paralegal's role in preparing for deposition, at deposition, and after deposition?

Question 65

Why is preparation of your client for a deposition important?

Question 66

Immediately following the deposition, the paralegal who attended the deposition should ​

A) ​ wait for the typed record of the deposition.
B) ​ prepare interrogatories.
C) ​ prepare requests for production of documents.
D) ​ summarize the deposition.

Question 67

Depositions can be useful for what reasons?

Question 68

Types of deposition digests include ​

A) narrative. ​
B) ​ witness.
C) ​ cursory.
D) ​ intermittent.