Oral Deposition

Which Federal Rules?

From Whom is info
sought?

What type of info?

30, 32 (using depos in ct),

26
Any person or party
without leave of the court
except as provide in 30(a)
(2)
30(a)(2):
Must obtain leave of court
(A)if parties didnt stipulate
depo and:
I.
Would result in 10+
depos
II.
Has already been
deposed
III.
Time before 26(d)
unless expected to
leave US
(B) If the deponent is
confined in prison
Info relating to the case
May include documents
Copy of depo or recording

Written
Depo
26, 31, 32

Interrogatories
26, 33

Request for
Production
26, 34

Physical/Mental
Exam
26, 35

Req
Adm
26,3

Same as
oral

Any other
party

Any other
Party

Party whose
physical or
mental
conditionincluding blood
group-is in
controversy
Just for party
not a witness

Any

Same as
oral

-May relate to
any matter
under 26(b)
-Asks for
opinion or
contention
that relates to
fact or the
application of
law to fact
Question to

Inspect,
copy, test,
or sample
a. Any
designated
docs or ESI
including:
writings
drawings,
graphs,
charts,

-Examiners
findings
including
diagnoses,
conclusions,
and the results
of any tests

-Req
adm
purp
the
acti
the
any
with
scop
rule
rela

other side
receive written
response

Limits on number or
frequency of
requests?

10 times

10 times

25, leave to
serve more
may be
granted by the
court w/ 26(b)
(2)(c)

photos
,recordings,
images, and
other data
which can
be obtained
either
directly or
after
translation
in to a
reasonably
usable form
B) Any
designated
tangible
things
2)Permit
entry onto
designated
land/propert
y controlled
by party to
inspect,
test,
sample, etc
Need not
-Must be in
produce ESI writing
in more than
one form

a) fa
app
of la
fact
opin
abo
b) t
gen
of a
des
doc

Prior Court approval

requires?

What response if
party believes
request is improper

No/Yes

30(d)(3)(A)
-Motion to terminate or
limit on grounds it is in bad
faith or in a manner that
unreasonably annoys
embarrasses or oppresses
-The court may order to
terminate or limit

No/Yes

If more than
25
-Court may
order the
interrogatory
not be
answered until
designated
discovery is
complete, or
until pretrial
conference or
another time
-Objecting to
an
interrogatory
must be stated
with specificity
and be served
within 30 days

Can use
subpoena to
get docs
from nonparties

-Objection
must state
with
specificity
the grounds
for objecting
to request
with reasons
-objection to
part of
request
must specify
the party
-must state
whether any
responsive
materials
are being
withheld on
basis of

Yes
-Court also has
authorization to
produce for
exam a person
under its
custody or legal
control

-Can
mat
mus
resp
sub
of th
mat
Obj
grou
mus
stat
Can
obje
on t
grou
that
pres
gen
issu
tria

objection
Advantages/Disadvan
tages