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Pt. IIIDISCOVERY Rule 30

If the deposition is recorded other than stenographically, then each separate tape or unit of recording must begin with the officer's name and business address, the date, time and place of the deposition, and the deponent's name.

Statement at Deposition End

The officer recording the deposition shall close the record by stating that the deposition is complete and setting forth any administrative stipulations regarding the deposition.

Witness Demeanor

The recording device should accurately and neutrally depict the witness' demeanor and appearance.

RULE 30(b)(5). NOTICE OF DEPOSITION:

PRODUCTION OF DOCUMENTS AND THINGS

CORE CONCEPT

A witness may be compelled to bring documents to a deposition by including a description of the documents in the notice of deposition (for a party witness) or by issuing a subpoena duces tecum under Rule 45(a)(1)(C) and including a description in the notice (for a non-party witness). However, if the witness is a party, then the witness must be accorded 30 days to interpose objections to the document request (the rationale being that one should not be able to circumvent the 30-day period in the document request rules by issuing a notice of deposition).

RULE 30(b)(6). NOTICE OF EXAMINATION:

DEPOSITION OF ORGANIZATION

CORE CONCEPT

Rule 30(b)(6) allows a party to notice the deposition of a corporation, partnership, association, or governmental agency and to specify the areas of inquiry. The named organization must then designate one or more representatives to testify as to the areas of inquiry.

APPLICATIONS

Subpoena

If the corporation or organization is not a party, then one must issue a subpoena to compel attendance.' If the corporation or organization is a party, a notice of deposition is sufficient.

7. Cates v. LTV Aerospace Co7p., 480

F.2d 620 (5th Cir.1973).

 

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