Tag: Federal Code

DEPOSITION INTERPRETING

| by Heather Duncan, Esq.

During a deposition it is important that all parties understand each other and communicate well. If a witness does not speak fluent English it may be necessary to have a professional interpreter present at the deposition. 

When an interpreter will be used at a deposition, it is a good idea to keep the following ground rules in mind:  

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Location, Location, Location

| by Heather Duncan, Esq.

The simple act of correctly scheduling a deposition can sometimes be confusing.  Below are the basic deposition location guidelines under the rules provided in the California Code of Civil Procedure and the Federal Rules of Civil Procedure.    

The California Code of Civil Procedure dictates certain distances a noticing party can require a deponent to travel. 

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Perpetuating Testimony

| by Heather Duncan, Esq.

Perpetuating testimony is the procedure permitted by both federal and California discovery rules for preserving the attestation of a witness that might otherwise be lost prior to the trial in which it is intended to be used. The usual method of perpetuating testimony is through a deposition. Perpetuation depositions in California state court cases are covered in the California Code of Civil Procedure sections 2035.010-2035.060. Perpetuation depositions in federal court matters are covered in Rule 27 of the Federal Rules of Civil Procedure.

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Around the World in Eighty Depos

| by Heather Duncan, Esq.

As business has become globalized, more attorneys are finding themselves faced with the challenges of witnesses and physical evidence located abroad. Obtaining testimony from a foreign non-party witness is often extremely difficult, but with careful planning it can be accomplished.

The California and Federal Rules of Civil Procedure generally allow depositions of non-party witnesses to be taken outside of the United States; however, the laws of the foreign country in which the witness resides must also be consulted. 

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Reading and Signing Deposition Transcripts

| by Heather Duncan, Esq.

When preparing for a deposition, particularly a deposition in a case in which you are not the primary handling attorney, it is important to ascertain where the case was filed. There are important differences between the California and the Federal rules regarding the handling of the original transcript and the right of a deponent to review and make changes.

Since 2007, the Federal Rules have been distinctly different from the California’s Rules of Civil Procedure with respect to a deponent’s right to review, read and sign his or her deposition transcript.

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Strictly off the Record...

| by Heather Duncan, Esq.

STRICTLY OFF THE RECORD. . .

In this month’s post, Network Deposition Services would like to help clarify what constitutes grounds for going on and off the record at a deposition and how and when a deposition may be suspended.

During a deposition you are “on the record.” That means that the court reporter is transcribing everything that is being said by anyone in the deposition room and any legal videographer is recording the same. Simply stating “off the record,” is rarely, if ever, grounds for the court reporter to stop transcribing what is being said. 

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The Mythology of the “Standard Stipulation”

| by Heather Duncan, Esq.

Depositions often end with the taking attorney looking around the room and asking the others, “standard stipulation?” The response is often disinterested nods from the other attorneys, most of whom have no idea what they may or may not have just agreed to.

It is important to keep in mind that in California there is no such thing as a “standard stipulation,” for handling the original and copy (O&1) of a deposition transcript.

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