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Ray
Ray, Lawyer
Category: Legal
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Experience:  29 years in civil, probate, real estate, elder law
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can i motion to quash a deposition out of state?

Resolved Question:

Hello,


I filed a federal lawsuit in my home state versus some defendants from another state. As it involved data theft across state lines, i was in my right to file it here. However, it was moved to be joined to a similar lawsuit already in progress in that state (although i did file mine first). ANyway, they want to depose me in their state. I have proposed that I be deposed in this state, which I have been told is acceptable in many cases. They are all wealthy defendants, and Im pro bono. They told me i have to fly there to be deposed, AND to depose any of their clients. I have spoken to a few people, and some tell me I can file a motion to quash. Is it well established in all federal courts that the the depositions occur only in the state that the case is at? and if so, i dont want to have ti done in their legal offices. What are my options as to another location? They have insisted i have no choice, but i think they are lying, and in violation of some FRCP which makes it unethical to lie or steer wrong a pro se as to the local rules.

Submitted: 9 months ago.
Category: Legal
Expert:  Ray replied 9 months ago.

RayAnswers :

Thanks for your question and good afternoon.

RayAnswers :

You would be able to file motion to quash claiming hardship and asking pursuant to the FRCP that this be done by phone.Ask for a phone hearing on your filed motion.

RayAnswers : Rule 30. Depositions by Oral Examination

(a) When a Deposition May Be Taken.


(1) Without Leave. A party may, by oral questions, depose any person, including a party, without leave of court except as provided in Rule 30(a)(2). The deponent's attendance may be compelled by subpoena under Rule 45.


(2) With Leave. A party must obtain leave of court, and the court must grant leave to the extent consistent with Rule 26(b)(2):


(A) if the parties have not stipulated to the deposition and:


(i) the deposition would result in more than 10 depositions being taken under this rule or Rule 31 by the plaintiffs, or by the defendants, or by the third-party defendants;


(ii) the deponent has already been deposed in the case; or


(iii) the party seeks to take the deposition before the time specified in Rule 26(d), unless the party certifies in the notice, with supporting facts, that the deponent is expected to leave the United States and be unavailable for examination in this country after that time; or


(B) if the deponent is confined in prison.


(b) Notice of the Deposition; Other Formal Requirements.


(1) Notice in General. A party who wants to depose a person by oral questions must give reasonable written notice to every other party. The notice must state the time and place of the deposition and, if known, the deponent's name and address. If the name is XXXXX XXXXX notice must provide a general description sufficient to identify the person or the particular class or group to which the person belongs.


(2) Producing Documents. If a subpoena duces tecum is to be served on the deponent, the materials designated for production, as set out in the subpoena, must be listed in the notice or in an attachment. The notice to a party deponent may be accompanied by a request under Rule 34 to produce documents and tangible things at the deposition.


(3) Method of Recording.


(A) Method Stated in the Notice. The party who notices the deposition must state in the notice the method for recording the testimony. Unless the court orders otherwise, testimony may be recorded by audio, audiovisual, or stenographic means. The noticing party bears the recording costs. Any party may arrange to transcribe a deposition.


(B) Additional Method. With prior notice to the deponent and other parties, any party may designate another method for recording the testimony in addition to that specified in the original notice. That party bears the expense of the additional record or transcript unless the court orders otherwise.


(4) By Remote Means. The parties may stipulate—or the court may on motion order—that a deposition be taken by telephone or other remote means. For the purpose of this rule and Rules 28(a), 37(a)(2), and 37(b)(1), the deposition takes place where the deponent answers the questions.


(5) Officer's Duties.


(A) Before the Deposition. Unless the parties stipulate otherwise, a deposition must be conducted before an officer appointed or designated under Rule 28. The officer must begin the deposition with an on-the-record statement that includes:


(i) the officer's name and business address;


(ii) the date, time, and place of the deposition;


(iii) the deponent's name;


(iv) the officer's administration of the oath or affirmation to the deponent; and


(v) the identity of all persons present.


(B) Conducting the Deposition; Avoiding Distortion. If the deposition is recorded nonstenographically, the officer must repeat the items in Rule 30(b)(5)(A)(i)–(iii) at the beginning of each unit of the recording medium. The deponent's and attorneys’ appearance or demeanor must not be distorted through recording techniques.


(C) After the Deposition. At the end of a deposition, the officer must state on the record that the deposition is complete and must set out any stipulations made by the attorneys about custody of the transcript or recording and of the exhibits, or about any other pertinent matters.


(6) Notice or Subpoena Directed to an Organization. In its notice or subpoena, a party may name as the deponent a public or private corporation, a partnership, an association, a governmental agency, or other entity and must describe with reasonable particularity the matters for examination. The named organization must then designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf; and it may set out the matters on which each person designated will testify. A subpoena must advise a nonparty organization of its duty to make this designation. The persons designated must testify about information known or reasonably available to the organization. This paragraph (6) does not preclude a deposition by any other procedure allowed by these rules.


(c) Examination and Cross-Examination; Record of the Examination; Objections; Written Questions.


(1) Examination and Cross-Examination. The examination and cross-examination of a deponent proceed as they would at trial under the Federal Rules of Evidence, except Rules 103 and 615. After putting the deponent under oath or affirmation, the officer must record the testimony by the method designated under Rule 30(b)(3)(A). The testimony must be recorded by the officer personally or by a person acting in the presence and under the direction of the officer.


(2) Objections. An objection at the time of the examination—whether to evidence, to a party's conduct, to the officer's qualifications, to the manner of taking the deposition, or to any other aspect of the deposition—must be noted on the record, but the examination still proceeds; the testimony is taken subject to any objection. An objection must be stated concisely in a nonargumentative and nonsuggestive manner. A person may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation ordered by the court, or to present a motion under Rule 30(d)(3).


(3) Participating Through Written Questions. Instead of participating in the oral examination, a party may serve written questions in a sealed envelope on the party noticing the deposition, who must deliver them to the officer. The officer must ask the deponent those questions and record the answers verbatim.

Customer:

ok, so a phone hearing is acceptable usually? they really want me up there cuzx the defendant owns the town, so im worried abotu that

Customer:

great, thank you very much

RayAnswers :

See this subsection

RayAnswers :

(4) By Remote Means. The parties may stipulate—or the court may on motion order—that a deposition be taken by telephone or other remote means. For the purpose of this rule and Rules 28(a), 37(a)(2), and 37(b)(1), the deposition takes place where the deponent answers the questions.

Customer:

aweome, thank you sir :)

RayAnswers :

It is possible here for you to try and claim hardship, etc.

RayAnswers :

Good luck to you.

RayAnswers :

Thanks for letting me assist you today.

Customer:

u too

Ray, Lawyer
Category: Legal
Satisfied Customers: 28503
Experience: 29 years in civil, probate, real estate, elder law
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