CIVIL PROCEDURE

Professor Sherry

WRITTEN
DEPOSITIONS DEPOSITIONS INTERROGATORIES DOCUMENTS PHYSICAL EXAMS ADMISSIONS
RULE(S) 27, 28, 30, 32, 45 31, 32, 45 33 34, 45 35 36
AGAINST anyone anyone party anyone party, or in custody party
WHOM? or control of a party
PRE-REQS 1. notice same as oral none party: none 1. good cause none
2. subpoena for depositions others: subpoena 2. court order
non-parties if 3. "in controv"
needed
3. court order in
limited circs
USE AT TRIAL limited: same as oral fully admissible fully admissible fully admissible conclusive
1. impeachment depositions * except your own
2. unavailable * party can supplement
3. against adverse partial use
party
4. exceptional circs
CHALLENGES limited objections: same as oral can object & not answer can object dispute motion can object
1. note any for depositions & not answer
later
2. privilege; court
order
3. terminate for
harassment
LIMITS 10 total (oral & 10 total (oral & 25 none none none
written) written)
each 1 day, 7 hrs.
NOTE: All discovery is limited by Rule 26 in that it must be relevant, not privileged or otherwise protected, and proportionate.
© 2001, 2008 Suzanna Sherry