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Interrogatories and Depositions

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What is a deposition in the context of civil litigation?

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A deposition is an out-of-court oral testimony of a witness or party in a civil case, recorded under oath, and transcribed. It can be used to gather evidence or impeach a witness at trial.

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How many interrogatories can be served by a party in a federal civil case?

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In federal civil cases, each party is typically limited to serving 25 interrogatories on any other party, including all discrete subparts, unless the court has given permission for more.

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What is the 'scope of discovery' during depositions and interrogatories?

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The scope of discovery in depositions and interrogatories includes any nonprivileged information that is relevant to any party's claim or defense and is proportional to the needs of the case.

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What actions can be taken if a party refuses to comply with interrogatories or depositions?

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If a party refuses to comply, the other party may file a motion to compel, and if noncompliance continues, the court may impose sanctions, including fines, orders for payment of attorney's fees, or even default judgment against the noncomplying party.

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Can interrogatory responses be used as evidence in court?

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Yes, interrogatory responses can be used as evidence in court, especially when they are relevant, though they are subject to the same objections and admissibility rules as other forms of evidence.

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Define 'leading question' in the context of depositions.

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A leading question is one that suggests the answer within the question itself, often used in cross-examination but typically discouraged in direct examination during depositions.

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What is the purpose of an interrogatory in civil litigation?

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The purpose of an interrogatory is to obtain written answers from a party to a lawsuit, which are given under oath and can be used to discover evidence or obtain admissions before trial.

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What are objections during a deposition, and how do they differ from trial objections?

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Objections during depositions inform the deponent or opposing counsel of a problem with a question or answer. They are usually more limited compared to trial objections and often focus on form rather than substance, to preserve the objection for the record.

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When can a deposition be terminated prematurely?

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A deposition can be terminated prematurely if it is being conducted in bad faith, is unnecessarily long, is causing undue burden or harassment, or if a protective order is granted by the court.

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Are there limits to the duration of a single deposition?

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Yes, under the Federal Rules of Civil Procedure, a single deposition is generally limited to one day of seven hours, unless the court orders or the parties agree otherwise.

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