(a) Witnesses, parties, and counsel must conduct themselves at depositions in a
temperate, dignified, and responsible manner.
(b) The following guidelines for the taking of depositions emphasize the
expectations of the Court as to certain issues; they are intended to supplement Fed. R.
Civ. P. 26 and 30.
(1) Scheduling. Counsel are expected to make a timely and good faith
effort to confer and agree to schedules for the taking of depositions. Unless
counsel otherwise agree, depositions must be conducted during normal business
hours. Except where good cause exists, no Notice of Deposition or Subpoena can
issue prior to a scheduling conference with opposing counsel. Counsel for the
deponent must not cancel a deposition without stipulation of the examining
counsel or order of the Court.
(2) Decorum. Opposing counsel and the deponent must be treated with
civility and respect. Ordinarily the deponent must be permitted to complete an
answer without interruption by counsel.
(3) Objections. Objections must be limited to (a) those that would be
waived if not made pursuant to Fed. R. Civ. P. 32(d)(3) and (b) those necessary to
assert a privilege, enforce a limitation on evidence directed by the Court or
present a motion under Fed. R. Civ. P. 30(d)(3). No other objections can be
raised during the course of the deposition. In the event privilege is claimed,
examining counsel may make appropriate inquiry about the basis for asserting the
privilege.
(4) Speaking Objections. Speaking objections that refer to the facts of the
case or suggest an answer to the deponent are improper and must not be made in
the presence of the deponent.
(5) Witness Preparation. Preparation of the deponent must be completed
prior to the taking of the deposition. While a question is pending, counsel for the
deponent and the deponent must not confer, except for the purpose of deciding
whether to assert a privilege.
(6) Documents. Examining counsel must provide counsel for the
deponent with copies of all documents shown to the deponent during the
deposition.
(7) Disputes. Counsel must comply with Local Rule 37.1 as to any
disputes arising in connection with the taking of a deposition.
Last revised 9/23/02. See Historical Notes for full revision history.
