Pt. IIIDISCOVERY Rule 30
Objections to Exhibits
Exhibits that have been objected to are taken and appended to the transcript subject to a subsequent ruling on the objection.
Attendance by Other Witnesses
Other witnesses are not excluded from observing deposition absent a court order under Rule 26(c)(5).18
Written Questions
Instead of attending a deposition in person, a party can send written questions to the party taking the deposition, who will then ask the questions to the deponent on the record. This procedure is rarely used.
RULE 30(d). SCHEDULE AND DURATION; MOTION
TO TERMINATE OR LIMIT EXAMINATION
CORE CONCEPT
Objections to questions must be stated in a non-suggestive and non-argumentative manner. The Rules do not provide for a time limit on depositions, but limits may be set by local rule or court order. Rule 30(d) also provides protection from unreasonable or vexatious examination during a deposition.
APPLICATIONS
Stating Objections
Objections must be stated in a non-suggestive manner. Attorneys should not use an objective to instruct the witnesses how to answer (or not answer) a question."
Instruction Not to Answer
Directions to a witness not to answer a question are only allowed in three narrow circumstances: to claim a privilege (i.e., attorney client communication); to enforce a court directive limiting the scope or length of the deposition; or to suspend the deposition for purposes of a motion under Rule 30(d)(3) relating to improper harassing conduct. Thus, it is inappropriate for counsel to instruct a witness not to answer a question on the basis of relevance," or on the basis that the question is outside the areas of inquiry identified in the notice of deposition for a Rule 30(b)(6) deposition of a party representative."
Duration of Depositions
The Rules do not set a time limit for depositions. The rules authorize, and even suggest, that such limits be established by
18. The Advisory Committee Note to the 1993 Amendment to Rule 30.
19. The Advisory Committee Note to the 1993 Amendment to Rule 30.
20. Resolution Trust Corp. v. Dabney, 73 F.3d 262, 266 (loth Cir.1995).
21. Paparelli v. Prudential Insurance Co. of America, 108 F.R.D. 727, 730-31 (D.Mass. 1985).
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