Chapter 4 Depositions

Index

Section 4.1 General and Tactical Considerations
Section 4.2 When Depositions May Be Taken
Section 4.3 Depositions of Parties
Section 4.4 Depositions of Nonparty Witnesses Who Are Missouri Residents
Section 4.5 Depositions of Nonparty Witnesses Who Are Not Missouri Residents
Section 4.6 General Considerations
Section 4.7 Requirements, Timing, and Service of Notices
Section 4.8 Irregularities and Defects of Notice
Section 4.9 Party as Deponent
Section 4.10 Nonparty as Deponent
Section 4.11 Issuance of Subpoenas
Section 4.12 Compelling Attendance at Depositions in Missouri for Use in Other Jurisdictions
Section 4.13 Compelling Attendance of Nonparty Witnesses at Depositions in Other Jurisdictions for Use in Missouri
Section 4.14 Production by Party Deponents
Section 4.15 Production by Nonparty Deponents
Section 4.16 Compelling Production at Missouri Depositions Taken for Use in Other Jurisdictions
Section 4.17 Compelling Production at Depositions Taken in Other Jurisdictions for Use in Missouri
Section 4.18 Persons Before Whom Depositions Are Taken
Section 4.19 General Considerations—Preparation
Section 4.20 Methods of Taking Depositions
Section 4.21 Scope and Form of Examination
Section 4.22 Objections During the Taking of Depositions
Section 4.23 Laying Foundations for Admissibility at Trial
Section 4.24 Diagrams
Section 4.25 Documents Produced at Depositions
Section 4.26 Documents Referred to by the Deponent
Section 4.27 Transcribing
Section 4.28 Certification
Section 4.29 Submission to the Witness
Section 4.30 Signature
Section 4.31 Filing With the Court
Section 4.32 Costs
Section 4.33 Changes Made to Depositions
Section 4.34 Objections Before Trial
Section 4.35 Generally
Section 4.36 Preparation for Use at Trial
Section 4.37 Generally
Section 4.38 Signed Deposition
Section 4.39 Unsigned Deposition
Section 4.40 Rehabilitation
Section 4.41 Effect of Changed Deposition on Impeachment
Section 4.42 Generally
Section 4.43 Use as Proof of Substantive Facts or Admissions Against Interest
Section 4.44 Effect of Using an Adverse Party’s Deposition Testimony
Section 4.45 Use of Depositions of Persons Speaking for Corporations, Partnerships, Associations, or Governmental Agencies
Section 4.46 Use of Deposition to Limit Adverse Party’s Evidence
Section 4.47 Generally
Section 4.48 Circumstances Under Which Such Depositions May Be Used
Section 4.49 Requirement of Signature on Deposition
Section 4.50 Effect of Using the Deposition
Section 4.51 Party’s Own Deposition
Section 4.52 Generally
Section 4.53 Objections to Competency, Relevancy, or Materiality
Section 4.54 Lack of Signature on the Deposition
Section 4.55 Lack of Proper Foundation
Section 4.56 Determination of the Objections
Section 4.57 Acts or Omissions by Party Giving Notice to Take Depositions
Section 4.58 Improper Conduct During a Deposition
Section 4.59 Failure to Attend a Deposition
Section 4.60 Failure to Answer Deposition Questions
Section 4.61 Importance of Protective Orders
Section 4.62 General and Tactical Considerations
Section 4.63 Procedure
Section 4.64 Depositions Before Action
Section 4.65 Depositions Pending Appeal
Section 4.66 Use of Depositions to Perpetuate Testimony