Pre-Deposition Tips: How to Prepare to Take a Deposition- Plaintiff’s Perspective

by: Prince, Glover & Hayes Tuesday, June 1st, 2010

Basic Fundamentals

When to take depositions

Depositions are typically taken after interrogatory answers and responses to document requests have been received. These answers and documents should be used to plan an effective deposition.

Answers to written discovery alone, with your investigative information, will identify many of the individuals who should be deposed. Afterwards, effective questions and areas of inquiry can be formulated.

How to produce documents

A deponent should be commanded to produce records, documents, and tangible items for inspection and copying at a deposition. To achieve this with parties, you can serve the deponent a subpoena duces tecum, under Rule 45(d) of the Federal Rules of Civil Procedure, or use a request to produce on the date and at the place of the deposition, under Rule 34. You can serve a subpoena duces tecum under Rule 45(d) to command nonparties to produce records as well. If a subpoena duces tecum is served, a copy of it must be sent to each party, with a copy attached to the notice of deposition.

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