CIVIL PROCEDURE CLASS 20

Professor Fischer

Columbus School of Law

The Catholic University of America

October 11, 2002

WRAP-UP OF LAST CLASS

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?

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)?

DEPOSITIONS OF PARTIES

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 NON-PARTIES 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

OBJECTING TO QUESTIONS/REFUSING TO ANSWER AT DEPOSITIONS 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 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)

USE OF DEPOSITIONS AT TRIAL 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?

INTERROGATORIES AND NON-PARTIES Can an interrogatory be served on a non-

party? Can an interrogatory be served on a

corporation?

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?

SIGNATURE REQUIREMENTS Who must sign interrogatory answers? Who must sign interrogatory objections?

ADVANTAGES/DISADVANTAGES OF INTERROGATORIES What are the advantages of interrogatories? What are the disadvantage of

interrogatories?

HYPO 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 not 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

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)

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?

PRODUCTION OF DOCUMENTS 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?