Depositions: Types and Purposes-Module 3 of 6

Question 1

Which is not a kind of deposition?

a. Discovery

b. Video

c. To perpetuate testimony

d. By oral examination

e. By written questions

Question 2

Which is not a situation when leave of court must be obtained before proceeding with a deposition?

a. The deponent is more than 100 miles away

b. The deponent is in prison

c. The deponent was already deposed in this case

d. The deposing party has already taken 10 depositions in the case

e. The deposing party wants to take the deposition before the discovery conference.

Question 3

What information must be included in the deposition notice?

a. The deponent’s name or description

b. The time, date, and location of the deposition

c. The identification of the deposition officer

d. A. and b.

e. All of the above

Question 4

Which statement is not true about depositions?

a. The deponent and parties must receive notice of the deposition before it occurs

b. The deposition officer must swear-in the deponent

c. All the parties at a deposition upon oral examination must receive copies of the questions before they are posed to the deponent

d. The party who notices the deposition gets to choose what mode of recordation is used

e. All of the above are true.

Question 5

How are written depositions different than depositions by oral examination?

a. The parties and attorneys are not present when the deponent answers the questions

b. The deposition officer asks the deponent the questions

c. All parties must serve their questions upon all other parties before they are read to the deponent

d. There are special rules regarding service of direct examination, cross-examination, re-direct examination, and re-cross-examination questions

e. All of the above are correct

Question 6

When would it be a bad idea to take a deposition?

a. When the other side is not preparing for trial

b. When a hostile witness has already provided a statement that is helpful to your case.

c. When a helpful witness is elderly or ill.

d. A. and b.

e. B. and c.

Question 7

When would it be a good idea to take a deposition?

a. To encourage settlement when your case is strong

b. When a helpful witness is ill or elderly

c. When a harmful witness is ill or elderly

d. A. and b.

e. B. and c.

Question 8

What is the difference between a discovery deposition and one to preserve testimony?

a. A discovery deposition is used to obtain basic information about a case. A deposition to preserve testimony only seeks particular statements from the witness.

b. A discovery deposition is used to confirm information obtained in discovery. A deposition to preserve testimony preserves new information about the case.

c. A discovery deposition is used at trial instead of live testimony. A deposition to preserve simply preserves the information in a transcript for investigatory purposes.

d. All of these are true.

e. None of these are true.

Question 9

What is the difference between a deposition to preserve testimony and one to perpetuate testimony?

a. A deposition to preserve testimony occurs after a case is filed. A deposition to perpetuate testimony occurs before a case is filed.

b. They are just different names for the same thing.

c. Depositions to perpetuate testimony always need leave of court. Depositions to preserve testimony do not.

d. A. and b.

e. A. and c.

Question 10

What information is not needed in a petition to take a deposition to perpetuate testimony?

a. The subject matter of the anticipated litigation

b. A calculation of the damages that the petitioning party will suffer if the deposition to perpetuate testimony is not allowed

c. The facts that the person hopes to establish at the deposition

d. The names and contact information of the anticipated adverse parties

e. The names, contact information for each requested deponent