Depositions: Taking a Deposition (Federal)

by Practical Law Litigation

A Practice Note examining the procedures involved in conducting depositions in federal civil litigation, focusing on the steps attorneys should take before, during, and after the oral examination of a nonexpert witness in federal civil litigation. It outlines the importance of deposition testimony as evidence and leverage in settlement negotiations, emphasizing the need for attorneys to be well-versed in the deposition process. This Note details the roles of the court reporter and videographer, proper attorney etiquette, and who may attend or be excluded from depositions. The Note also covers the application of the Federal Rules of Evidence to depositions, the seven-hour limit for depositions, how to handle objections, and the procedures for marking exhibits. Additionally, it explains what happens at the end of a deposition, including cross-examination and redirect, the procedures for ordering transcripts, and what to do after a deposition, including summarizing testimony. The Note highlights the significance of understanding the scope of discovery and managing objections effectively, offering insights into the strategic use of depositions to support legal theories and influence case outcomes.