Angela is a paralegal who works for Paul, an attorney representing the plaintiff in a commercial-litigation case. Paul wants to obtain copies of certain documents from Ruf-n-Tuf Chainsaw Company, a third party to the lawsuit. Paul is particularly interested in correspondence between the defendant and Ruf-n-Tuf. Paul asks Angela what method, under the discovery rules, is the best method for this purpose. Of the four main types of discovery under the federal rules, which of the following is the only method that can be used?

Question

Quizplus · Accepted Answer

Service of a subpoena for a deposition. In this question, Ruf-n-Tuf is a third party. The only form of discovery that can be served on a third party is a subpoena for a deposition. In practice, however, the deposition may not take place if the party will be satisfied with copies of documents. Typically, a paralegal like Angela would have a standard letter and affidavit of custodian of records. The letter would be served with the subpoena and explain that a deposition will not be necessary if the third party provides the copies as requested and completes and returns the affidavit of custodian of records.

Angela Is a Paralegal Who Works for Paul, an Attorney