Federal Rules

[Kyung]

I know we are all familiar with the rules in our neck of the woods, but what if you're taking a deposition that falls under the federal rules.  Do you know the requirements?

 

Federal Rules of Civil Procedure

Rule 30 (b)(5)(A) through (C)

 

Officer's Duties.

(A) Before the Deposition. Unless the parties stipulate otherwise, a deposition must be conducted before an officer appointed or designated under Rule 28. The officer must begin the deposition with an on-the-record statement that includes:

(i) the officer's name and business address;

(ii) the date, time, and place of the deposition;

(iii) the deponent's name;

(iv) the officer's administration of the oath or affirmation to the deponent; and

(v) the identity of all persons present.

(B) Conducting the Deposition; Avoiding Distortion. If the deposition is recorded nonstenographically, the officer must repeat the items in Rule 30(b)(5)(A)(i)-(iii) at the beginning of each unit of the recording medium. The deponent's and attorneys' appearance or demeanor must not be distorted through recording techniques.

(C) After the Deposition. At the end of a deposition, the officer must state on the record that the deposition is complete and must set out any stipulations made by the attorneys about custody of the transcript or recording and of the exhibits, or about any other pertinent matters.

 

So who's been doing that read on?  How about the reiterating of the stip at the end?  What if they don't stip to anything, then what do you do?

 

And also

30(e)(1)(A) and (B)  and (30)(e)(2)

 

(e) Review by theWitness; Changes.

(1) Review; Statement of Changes.

On request by the deponent or a party before the deposition is completed, the deponent must be allowed 30 days after being notified by the officer that the transcript or recording is available in which:

(A) to review the transcript or recording; and

(B) if there are changes in form or substance, to sign a statement listing the changes and the reasons for making them.

(2) Changes Indicated in the Officer's Certificate.

The officer must note in the certificate prescribed by Rule 30(f)(1) whether a review was requested and, if so, must attach any changes the deponent makes during the 30-day period.

 

 

If you want to learn more.  Check out this link:  Federal Rules

[Martha R]

Well,  hummm.  yeah.  Gosh, golly.  I...I... whooo.

 

The only thing I do is no read and sign unless they especially stipulate.  

 

Wow.  I didn't know about the first part about the read on.   I'd have to check out Rule28.   Is the officer the court reporter?  If so, how can we read anything on the record if we are making the record?

[Terry Harrison]

Very few reporters I run across make this announcement.  Of course, if Im there, that read on is transferred to me.  In most cases, I still ask the attorney if they want the entire read on or if they want the abbreviated version, date time, state appearances.  Most opt for that because the entire thing is too much of a put off for them.