Vol. 5, No. 6, Pg. 42. Order on Deposition Guidelines.

• Author: G. Ross Anderson Jr.

South Carolina Lawyer

1994.

Vol. 5, No. 6, Pg. 42.

Order on Deposition Guidelines

42Order on Deposition GuidelinesG. Ross Anderson Jr.IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON DIVISION

In re All Pending And Future Litigation Before The Honorable G. Ross Anderson, Jr., United States District Judge

ORDER

TO ALL MEMBERS OF THE BAR AND OTHER PARTIES HAVING ANY MATTERS PENDING BEFORE THIS COURT:In light of the current state of discovery practice before this Court, the following deposition guidelines are now in effect in all cases pending before the Honorable G. Ross Anderson, Jr., United States District Judge. This Order establishes guidelines for the taking of depositions in matters before this Court.

Abusive discovery practice at depositions is consuming an inordinate amount of this Court's time.' These guidelines are calculated to secure the just, speedy, and inexpensive determination of every action before this Court, as mandated by Rule 1 of the Federal Rules of Civil Procedure.

The purpose of these guidelines is to preserve the intended form of depositions in discovery; that is, a question and answer session between deposing counsel and witness designed to determine the facts of the case so that the litigants will receive a fair trial.

The primary rule of depositions is that the witness must answer the questions posed. This means that counsel for the witness must refrain from those activities that suggest or appear to suggest an answer for the witness. To this end, the guidelines make it clear that the witness must ask the deposing attorney, rather than his own counsel, for clarifications. Also, conferences off the record are forbidden. It is the witness's testimony--his ability to recall what he has heard, seen or knows, that is being taken.

This Court does not impose these guidelines lightly. Concern has been taken to avoid interference with the witness'ss right to counsel and due process. However, Federal Rule of Civil Procedure 37(c) directs that depositions are to be taken under the same testimonial rules as are trials. At trial, a witness's attorney does not sit beside him in the witness stand, telling him what to say or refrain from saying. Simply because the fact finder is not present in the deposition room does not open the door to such behavior, nor is the right to counsel or...