Section 9.6 What Kinds of Information You Are Entitled to Get

• Library: Sources of Proof (2014 Ed.)

2. (§9.6) What Kinds of Information You Are Entitled to Get

The scope of questions at deposition is limited only to the scope of discovery and the limits of relevancy set out in Rule 56.01. Counsel is not allowed to ask questions at a deposition that are in bad faith or “unreasonably to annoy, embarrass, or oppress the deponent or party. . . .” Rule 57.03(e). Sanctions for improper conduct may be sought under Rule 61.01.

In contrast to interrogatories, answers to questions asked at deposition are restricted to the present memory and recollection of the witness. See Rule 56.01(e); §9.17, infra. As a result, deposing counsel will not necessarily obtain all information on the particular subject known or available to the deponent and the deponent’s attorneys, insurers, or representatives. Also, the witness will normally have no notice of the exact areas of questioning, and Rule 57.03 does not require the witness to make any advance investigation.

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