LCvR30 – Depositions by Oral Examination

LCvR30-1 Depositions.

(a)

Notice. Subject to an order of the Court entered for cause shown enlarging or shortening the time:

(1)

a subpoena to compel a witness to attend a deposition as contemplated by Fed. R. Civ. P. 30(a)(1), shall be served on the witness at least seven days before the date of the deposition; and

(2)

reasonable notice to parties as contemplated by Fed. R. Civ. P. 30(b)(1) for the taking of depositions shall be seven days.

(b)

Length of Depositions. No deposition shall extend beyond seven hours in length, beyond 5:00 p.m., or be taken on a weekend or holiday without an agreement in writing signed by all interested attorneys or acknowledged on the record by all interested attorneys or an order of the Court. Extensions of this time limitation shall be freely given in the event of obstructive or uncooperative conduct on the part of the witness or opposing counsel, or otherwise in the interests of justice.

(c)

Procedure for Designation of Deposition Testimony for Use at Trial. Deposition designations and counterdesignations should be exchanged between counsel and filed of record. No objection to any designation or counterdesignation shall be considered by the Court until a good faith effort to resolve the objections by means of a personal meeting between counsel has been conducted. After this meeting, objections to designations, if any, shall be filed as separate pleadings as to each deponent without attachments of any deposition transcripts. Deposition transcripts highlighted in different colors with designations and counterdesignations and annotated with objections in the margins should be submitted to the Court in compliance with the Procedure for Submitting Deposition Transcripts (Highlighted and Annotated) to the Court, available on the Court’s website. A high degree of cooperation between counsel is expected to minimize the number of objections.

(d)

Certified Copies Substituted. Upon a showing that an original deposition is unavailable, a certified copy may be substituted.

(e)

Objections During Depositions. Counsel shall attempt to resolve any disputes concerning objections made during the deposition before presenting unresolved issues to the Court.