Question 1

Witnesses should not be paid a fee.

Accepted Answer

Witnesses can be compensated for their time and expenses related to their participation in a legal case, such as travel expenses or lost wages, but the payment should not influence their testimony.

Question 2

Depositions can be taken before an action is filed.

Accepted Answer

Depositions can be taken before a lawsuit is filed as a way to gather information and evidence for a potential case. This is known as a pre-litigation deposition.

Question 3

Depositions are used to evaluate the opposing attorney.

Accepted Answer

True

Question 4

Subpoenas in the federal system are served by a sheriff.

Accepted Answer

Subpoenas in the federal system are typically served by a U.S. Marshal or by a process server appointed by the court, not by a sheriff.

Question 5

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

Accepted Answer

The defendant may be represented at a deposition conducted by the plaintiff. In fact, it is common for both parties to have legal representation present during depositions.

Question 6

Federal rule limits depositions to a seven-hour day.

Accepted Answer

This is true. According to Federal Rule of Civil Procedure 30(d)(1), "Unless otherwise stipulated or ordered by the court, a deposition is limited to 1 day of 7 hours."

Question 7

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

Accepted Answer

In a deposition by written questions, the other party can submit cross-questions in writing to be answered by the witness, although this process does not allow for the immediate follow-up or dynamic questioning possible in an oral deposition.

Question 8

The party requesting the deposition must pay recording costs. ​

Accepted Answer

According to the Federal Rules of Civil Procedure, the party requesting the deposition is responsible for the recording costs unless the parties agree otherwise or a court orders otherwise.

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.

Accepted Answer

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

Question 10

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

Accepted Answer

A witness's deposition can be used in court if the witness dies before the trial, under certain conditions, such as ensuring the deposition was taken according to legal standards and the opposing party had an opportunity to cross-examine.

Question 11

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

Accepted Answer

Long-arm statutes allow for jurisdiction over out-of-state defendants under certain conditions, but they do not permit physically compelling someone from another state to attend a local deposition. They may allow for depositions to occur under the jurisdiction's authority, but typically through means such as video conferencing or traveling to the deponent's location, not by forcing the deponent to travel.

Question 12

Because depositions are expensive, they are rarely used.

Accepted Answer

Depositions are often used in legal proceedings, despite their expense. They are a valuable tool for gathering information and building a case.

Question 13

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

Accepted Answer

A plaintiff can be required to attend a deposition in the jurisdiction where the action was brought, as per the rules of civil procedure in that jurisdiction.

Question 14

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

Accepted Answer

Rule 26(a) states that "a party may not seek discovery from any source before the parties' have conferred as required by Rule 26(f), except in a proceeding exempted from initial disclosure under Rule 26(a)(1)(B), or when authorized by these rules, by stipulation, or by court order." Therefore, a deposition may not be taken before the parties' planning meeting without leave of the court.

Question 15

Only parties and eyewitnesses may be deposed. ​

Accepted Answer

Parties and eyewitnesses can be deposed, but other individuals such as experts or witnesses who have relevant information can also be deposed with proper notice and upon showing of necessity.

Question 16

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

Accepted Answer

A subpoena duces tecum requires the witness to bring specified documents or evidence with them when they appear in person to give testimony. It does not allow for written submissions in lieu of appearance.

Question 17

A certified court reporter usually records depositions.

Accepted Answer

A certified court reporter is trained and qualified to record depositions among other legal proceedings.

Question 18

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

Accepted Answer

An objection to a subpoena must be served before the time specified for compliance or within 14 days after the subpoena is served, whichever is earlier.

Question 19

Normally, no more than ten depositions are allowed.

Accepted Answer

Under the Federal Rules of Civil Procedure, Rule 30, in a standard civil case, each side is typically limited to taking no more than ten depositions unless the court permits more or the parties agree otherwise.

Question 20

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

Accepted Answer

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

Quiz 8: Discovery: Depositions