Transcript Document 7808863

CIVIL PROCEDURE CLASS 20
Professor Fischer
Columbus School of Law
The Catholic University of America
October 11, 2002
WRAP-UP OF LAST CLASS
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Last class, we started to focus on techniques
of discovery. We learned about the initial
initial disclosures required under FRCP
26(a) and we began to discuss depositions.
WHAT WILL WE DO TODAY?
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Learn about the discovery techniques of
depositions (FRCP 27-31), interrogatories (FRCP
33), document requests (FRCP 34),
physical/mental examinations (FRCP 35), and
requests for admissions (FRCP 36)
We will discuss discovery sanctions on next
Tuesday
SCHEDULING DEPOSITIONS
How do counsel schedule the time and place
of depositions?
 Are there any limits on the place of
depositions for parties or non-parties?
 Is there a time limit for depositions (see
30(d)(2)?
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DEPOSITIONS OF PARTIES
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How do you initiate the deposition of a party? See
Fig. 20-1 of Glannon at p. 371
What if you want the party to bring documents?
See 30(b)(5)
What must be in the notice of deposition?
Must a notice normally be filed with court?
What happens if a party does not comply with a
notice of deposition?
Can a party object to a valid notice? See FRCP
26(c)
DEPOSITIONS OF NONPARTIES
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How do you initiate the deposition of a non-party?
See FRCP 30(a)(1), 45, Fig. 20-2 Glannon p. 372
What happens if a non-party does not show up for
the deposition?
How can a non-party object? FRCP 26(c)
What should counsel do if she wants a non-party
to produce documents or other tangible evidence
for a deposition? See 45
CONDUCT OF THE
DEPOSITION
What statements must be made at the
beginning/end of a deposition? (See
30(b)(4))
 How does the questioning work at a
deposition? See 30(c); CB 1084
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OBJECTING TO
QUESTIONS/REFUSING TO
ANSWER AT DEPOSITIONS
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Can a deponent object to questions and if so, on
what basis (See FRCP 30(c)), 32(d)(3))
Must a deponent answer a question at a deposition
even if she has an objection to it? See FRCP
30(d)(1)
What if the deponent’s objection is based
privilege?
What if the deposing counsel is harassing the
witness? See 30(d)(4)
REVIEWING THE
DEPOSITION TRANSCRIPT
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Can a deponent review the transcript of her
deposition and if so, in what circumstances?
See FRCP 30(e)
UNUSUAL TYPES OF
DEPOSITIONS
Telephone/videoconference depositions see 30 (b)(7)
 Depositions on written questions - see 31 –
just know what one is, not specific rules for
its noticing and conduct
 Video depositions - see 30(b)(2)
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USE OF DEPOSITIONS AT
TRIAL
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FRCP 32
Any or all of a deposition may be used as trial as if
witness present and testifying (an exception
against rule against hearsay evidence)
But rules of evidence still apply to admission of
the depositions contents
A deposition is like a box containing evidence –
the box can be used at trial but the contents are
subject to admissibility rules
INTERROGATORIES
What is an interrogatory? See Fig. 20-3 in
Glannon p. 377
 Which FRCP governs interrogatories?
 How many interrogatories may be served on
another party?
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INTERROGATORIES AND
NON-PARTIES
Can an interrogatory be served on a nonparty?
 Can an interrogatory be served on a
corporation?
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RESPONDING TO
INTERROGATORIES
How should a party respond to an
interrogatory? See 33(b)(1) and 33(d), See
Fig. 20-4 in Glannon p. 380
 Can a party object to an interrogatory? If
so, how? Can a party object on basis that
interrogatory asks for legal conclusion?
 What are the time limits for responding to
interrogatories?
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SIGNATURE REQUIREMENTS
Who must sign interrogatory answers?
 Who must sign interrogatory objections?
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ADVANTAGES/DISADVANTA
GES OF INTERROGATORIES
What are the advantages of interrogatories?
 What are the disadvantage of
interrogatories?
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HYPO
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Having sustained injuries from a household
appliance, Betty sues the manufacturer, SuperVac.
The required discovery conference and ensuing
disclosures occur. Betty then serves 55
interrogatories on SuperVac and 20 interrogatories
on Rechts Department Store, which sold her the
product. Both SuperVac and Store refuse to
answer. Assume the questions are relevant and no
privileged.
Must Store answer? Must Manufacturer answer?
By what, if any, procedural step might Betty
induce them to answer?
EXAMINING DOCUMENTS,
THINGS, PROPERTY & PEOPLE:
FRCP 34/35
Requests for production/inspection of
documents and things: FRCP 34
 Physical and mental examinations: FRCP
35
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DOCUMENT REQUESTS:
FRCP 34
How do you request production/inspection
of documents, things or property from a
party? FRCP 34(a) and (b)
 Note “possession, custody or control”
requirement for documents; “possession or
control” for land : FRCP 34(a)
 How do you request a non-party to produce
documents & things? FRCP 34(c)
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RESPONDING TO
DOCUMENT REQUESTS
How long does the recipient of the request
have to respond? (See 30(b))
 Can the recipient object? If so, In what
circumstances?
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PRODUCTION OF
DOCUMENTS
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If the recipient of a document request does
not object, can she produce the documents
in a jumbled mass? If not, how must they be
arranged? What is the governing FRCP?