AuthorWilliam M. Audet/Kimberly A. Fanady
Task 57 Notice of Depositions
Task 58 Notice Entity Depositions
Task 59 Determine Deposition Recording Method
Task 60 Videotape Depositions
Task 61 Take Telephonic Depositions
Task 62 Object to Deposition Notice
Task 63 Prepare to Take Depositions
Task 64 Prepare Witnesses
Task 65 Take Depositions
Task 66 Defend Depositions
Task 67 Terminate or Limit Scope of Deposition
Task 68 Limit Deposition Length
Task 69 Request Transcript Correction and Signature
Form 21 Notice of Deposition
Form 21.1 Notice of Deposition of Custodian of Records
Form 21.2 Attachment to Deposition Notice under Rule 30(b)(6)
Form 22 Objection to Notice of Deposition
 
Form 23.1 Motion
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Notice of Depositions
A. You may take an individual’s deposition by naming the individual as the deponent in the deposition notice.
FRCP 30(b)(1); EEOC v. Tepro, Inc., 38 F. Supp. 3d 883 (E.D. Tenn. 2014) (EEOC required to produce for
deposition employee it had listed as potential witness); In re Cathode Ray Tube (CRT) AntiTrust Litigation,
82 Fed. Rules Serv. 3d 451 (N.D. Cal. 2012) (deposition of objector to proposed class action settlement com-
pelled). In situations where the name is misspelled, practicality comes into play. Small typos will not provide
a shield against an otherwise valid deposition notice. Medina v. Cty. of San Diego, No. 08cv1252 BAS(RBB),
care in preparing its papers, the issue is whether the defendant had ‘actual notice’ of the discovery request that
could be imputed to him as a party despite the wrong name.”) (citations omitted).
 -
nent’s name. FRCP 30(b)(1).
C. You can depose parties or nonparties. To depose a nonparty, you must also serve a subpoena. FRCP 45. See Task 40.
D. Review Task 58 to notice an entity’s deposition.
E. Absent a written stipulation, you must obtain leave of court to take more than 10 depositions. See FRCP 30(a)
(2)(A)(i); Scott v. City of Sioux City, 298 F.R.D. 400 (N.D. Iowa 2014) (party made particularized showing of
need for 21 depositions); Thykkuttathil v. Keese, 294 F.R.D. 601 (W.D. Wash. 2013) (same, 17 depositions).
The limit is 10 depositions per side, not per party. Thykkuttathil, 294 F.R.D. 601.
F. Absent a written stipulation, you must obtain leave of court to depose a witness who has already been deposed
in a case. See FRCP 30(a)(2)(A)(ii); See Madison v. Jack Link Assocs. Stage Lighting & Prods., 297 F.R.D. 532
 York v. Union Pac.
R.R. Co.-
take second deposition to inquire about that injury); In re Sulfuric Acid Antitrust Litig., 230 F.R.D. 527 (N.D. Ill.
2005) (leave to take additional deposition was denied where witness already was deposed for 17 hours, purpose
of additional deposition was to ask witness to decipher handwritten notes which requesting party obtained well
on the day discovery was closed). This prohibition applies to both parties and third-party witnesses. Ameristar Jet
Charter, Inc. v. Signal Composites, Inc., 244 F.3d 189 (1st Cir. 2001) (subpoenas issued to third party witnesses
for second depositions without leave of court quashed). This limitation includes Rule 30(b)(6) depositions of
entities. Foreclosure Management Co. v. Asset Management Holdings, LLC, 71 Fed. Rules Serv. 3d 516 (D.
   
deposed for purposes of this Rule. Paige v. Consumer Programs, Inc., 248 F.R.D. 272 (C.D. Cal. 2008).
G. Absent a written stipulation, you must obtain leave of court to take a deposition of longer than one day of
seven hours. The court must allow additional time if needed for a fair examination of the deponent or if the
deponent, another person, or other circumstance impedes or delays the deposition. JTR Enters., LLC v. An
Unknown Quantity of Colombian Emeralds, 297 F.R.D. 522 (S.D. Fla. 2013) (corporate designee’s failure to
bring responsive documents to deposition provided good cause to permit continued deposition); LaPlante v.
erative during deposition and unilaterally discontinued examination). When a witness must testify in more
than one related action, the court should determine the appropriate total length of questioning for the witness,
rather than assuming a separate, independent limit of seven hours for each action. Miller v. Waseca Med. Ctr.,
205 F.R.D. 537 (D. Minn. 2002). Sanctions may be imposed for any impediment, delay, or other conduct
which frustrates the fair examination of the deponent. Rule 30(d)(2)-(3); Payne v. District of Columbia, 82
Fed. Rules Serv. 3d 560 (D.D.C. 2012) (in wrongful termination action, length of mayor’s deposition reduced
to 3.5 hours from presumptive seven hours).

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