Deck 9: Depositions

Question 1

The Federal Rules require that formal notice of a deposition be given to the deponent and to each party.

Answer 1

True

Question 2

The attorney may not ask the deponent questions that could reasonably lead to the discovery of admissible evidence.

Answer 2

False

Question 3

A subpoena, an official document commanding a person to be present at a deposition, is issued by ________.

A) the clerk of court
B) the judge
C) the attorney scheduling the deposition
D) the marshal

Answer 3

A

Question 4

The individual who places a deponent under oath is ________.

A) the examining attorney
B) the court reporter
C) the bailiff
D) None of these choices.

Question 5

A deponent must be reimbursed for the expenses of ________.

A) mileage and meals
B) witness fees
C) lost wages
D) Both a and b.

Question 6

Stein can ask Susie Mitchell questions at deposition that he will not be able to ask at trial.

Question 7

In most states, a subpoena may be served by ________.

A) any person 21 years of age or older
B) any person 18 years of age or older
C) a sheriff's bailiff
D) Either b or c.

Question 8

An attorney is permitted to ask the deponent questions in a deposition that could not be asked at trial because these questions seek evidence that is not admissible.

Question 9

Mitchell is the deponent.

Question 10

One primary disadvantage of the oral deposition is that it is inconvenient.

Question 11

A party may not be required to bring documents to his or her deposition.

Question 12

A deposition does not commit a deponent to one oral version of the facts.

Question 13

If the attorney is present at the deposition to protect the interests of the client who is being deposed, the attorney is said to be defending the deposition.

Question 14

Donaldson may assist Stein by asking Mitchell questions at the deposition.

Question 15

Mitchell cannot be required to travel more than 30 miles for the deposition.

Question 16

Residents of a district can be subpoenaed to appear at a deposition in the county where they reside, work, or transact business.

Question 17

The legal means to secure the presence of a nonparty witness for deposition is known as a ________.

A) notice of intent to take oral deposition
B) subpoena
C) subpoena duces tecum
D) Either b or c.

Question 18

An amendment to the Federal Rules of Civil Procedure limits the amount of time that can be spent on a single deposition to a single day and a maximum of seven hours.

Question 19

Three types of deposition summaries are the page-line, topical, and chronological.

Question 20

The person placing Mitchell under oath is Stein.

Question 21

A person who gives a deposition is known as a(n) ________.

Question 22

The legal means for securing the presence of a witness for a deposition is a(n) ________.

Question 23

Objections to questions asked of the deponent can be based on ________.

A) the attorney-client privilege
B) the work product privilege
C) the Fifth Amendment privilege against self-incrimination
D) All of these choices.

Question 24

When an attorney's client is being questioned during a deposition, that attorney is said to be ________ the deposition.

Question 25

The attorney who asks questions during a deposition is said to be ________ the deposition.

Question 26

A paralegal may not be asked to perform which of the following tasks at deposition?

A) Notetaking
B) Witness evaluation
C) Asking the deponent questions
D) Controlling exhibits

Question 27

A written abridgement of a deposition that condenses the question-answer period down to a concisely written, understandable account is a(n) ________.

Question 28

In federal court, the use of depositions is regulated by Rules ________ of the Federal Rules of Civil Procedure.

Question 29

To make sure that most time limits end on a weekday, the discovery time periods were altered to include only multiples of ________.

Question 30

In determining how far a deponent can be required to travel to a deposition, Rule ________ of the Federal Rules of Court Procedures must be consulted.

A) 12
B) 26
C) 45
D) 97

Question 31

The written copy of a deposition is known as a(n) ________.

Question 32

A deposition at which the person giving the deposition is actually present is known as a(n) ________ deposition.

Question 33

An individual who places the person giving a deposition under oath is known as a(n) ________.