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deposition question
Posted: Tue Jul 23, 2013 12:13 am
by Anonymous User
Okay so I'm not sure if this is appropriate for "legal employment" section but figured this is where the lawyers are. (and please excuse the anon use)
I have a deposition in the morning and afraid of the "foundation" objection. How do i avoid it? I'm a bit confused about how you lay foundation for your questions. Or is this only an objection to presentation of documents during a dep?
HELP!
Re: deposition question
Posted: Tue Jul 23, 2013 12:56 am
by 84651846190
For documents/things you bring as exhibits, explain why the deponent should be familiar with the document (i.e., it was sent to his/her email address, it has his/her name on it, it was produced from his/her computer hard drive, etc.).
You shouldn't really be bringing things up that are not tied to an exhibit of some kind. If you do this, the other side is much more likely to get a foundation objection sustained, and other objections like, for example, an objection on the basis of vagueness are more likely to be sustained because the other side can argue that the whole conversation is out of context without a document to tie it to. At least try to tie the topic you're discussing to a document in some kind of tangential way.
Also, is this a 30(b)(6) depo you're taking or a 30(b)(1)?
Re: deposition question
Posted: Sun Oct 23, 2016 2:44 pm
by Anonymous User
Not op here but I am a newbie just starting out and have a related question on deposition to anyone who might know.
When you take a deposition of a non-party witness, does that mean you can no longer compel his or her attendance at trial? In other words, does taking a depo absolve motion to compel attendance at trial? I would think there's no problem with both taking a deposition of a witness and then also subpoenaing them to testify at trial.
Re: deposition question
Posted: Sun Oct 23, 2016 4:30 pm
by criminaltheory
Anonymous User wrote:Not op here but I am a newbie just starting out and have a related question on deposition to anyone who might know.
When you take a deposition of a non-party witness, does that mean you can no longer compel his or her attendance at trial? In other words, does taking a depo absolve motion to compel attendance at trial? I would think there's no problem with both taking a deposition of a witness and then also subpoenaing them to testify at trial.
No problem w both. If u want em to testify, get em that subpoena.
Re: deposition question
Posted: Sun Oct 23, 2016 5:52 pm
by Lincoln
criminaltheory wrote:Anonymous User wrote:Not op here but I am a newbie just starting out and have a related question on deposition to anyone who might know.
When you take a deposition of a non-party witness, does that mean you can no longer compel his or her attendance at trial? In other words, does taking a depo absolve motion to compel attendance at trial? I would think there's no problem with both taking a deposition of a witness and then also subpoenaing them to testify at trial.
No problem w both. If u want em to testify, get em that subpoena.
^ True. But I have been involved with lots of third-party depositions where the deponent was not within the subpoena power, so we fully expected to designate portions of the depositions.