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What circumstances do you need to give notice of deposition?
The Notice of Deposition has the same force of a subpoena - with the exception of: If the deponent (which would be the defendant) is out of state or if the deponent is a NON-Party.
For the out of state deponent (defendant) and the non-party deponent you need the Notice of Deposition and a Subpoena
What are the travel restrictions and requirements of a deponent?
The deponent is required to travel within 100 miles from where the Notice of Deposition and/or Subpoena is served (home, work, anywhere the deponent is doing business - such as a bank)
What is engrossing?
Engrossing is the method of answering interrogatories by repeating the question prior to answering the quesiton.
What is redacting?
Redacting is the method of blacking out confidential information before handing discovery information over to the opposing party.
You can redact by physically viewing each piece of paper and blacking out the information (NOT on the original) and then photo copying the page, as you can often see through what has been blacked out. You can also use a computer program to redact a document. This works by the program seeking particular words.
- Never mark on the original
- Make two copies oof the document to be redacted
- black out privledged or confidential information
- retain original and redacted document in file
What is the WI law test regarding the option to produce business records?
"Substantialy the same for the person asking as for the person answering the interrogatory"
Three types of deposition:
To perpetuate testimony
Deposition upon written questions
Three catagories of "things" in a Request for Production:
Documents (emails, text) ** The documents must be in the possession of the PARTY whom the request is made of**
Entry to Desgnated Land (to survey land, make map to explain entry) ** The land must be in the control of the PARTY whom the request is being made of**
Tangible Items (breadmaker, bat) ** must be in the custody, possession and control of the PARTY to whom the request is made **
Do not list 3 types of documents on Exam!
Used to produce, inspect and copy, test or sample, measure or survey
must be in a reasonable time and manner
must subpoena non-parties.
Three elements of a motion
- 1. must be in writing (in court it is put in writing by the court reporter)
- 2. must state the grounds with particularity
- 3. the motion must include the relief sought
Can motions be made by phone?
No, they can not.
What are the 7 functions of discovery?
- Narrow issues for trial
- Avoid surprise
- Assess credibility of witness
- Reveal strengths and weaknesses
- Promote settlement
- Preserve evidence
- Promote consistency
List the 4 privledges that would prevent discovery
Rules of discoverablility
Paralegal tasks in depositions?
- Draft questions
- Prepare deponents
- Schedule depositions
- Create an abstract of the transcripts (results in an abstract of 1/10th of the original)
- Take notes
- Locate the deponent
- What they don't have the ability to do:
- can't ask questions
- can't give the answers
Request for Admission
This is a written request to admit or deny statement
Respond or else it is is an automatic admission
Makes it so that you don't have to go through the process in court and don't need to go through the authentication process.
You have a response to a request to admission - not an answer.