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Interrogatories and Depositions
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What is a deposition in the context of civil litigation?
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.
How many interrogatories can be served by a party in a federal civil case?
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.
What is the 'scope of discovery' during depositions and interrogatories?
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.
What actions can be taken if a party refuses to comply with interrogatories or depositions?
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.
Can interrogatory responses be used as evidence in court?
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.
Define 'leading question' in the context of depositions.
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.
What is the purpose of an interrogatory in civil litigation?
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.
What are objections during a deposition, and how do they differ from trial objections?
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.
When can a deposition be terminated prematurely?
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.
Are there limits to the duration of a single deposition?
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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