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deposition by written questions frcp rule 31

Discussion in 'Civil Court, Procedure & Litigation' started by july713, Jul 22, 2020.

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  1. july713

    july713 Law Topic Starter New Member

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    Jurisdiction:
    New York
    Hi. thanks for your help. federal court Eastern District in NY. Employment discrimination case. I am the plaintiff
    I need to do a deposition. I wish to do it via written questions as per frcp rule 31.
    1. do I serve the questions on the opposing counsel and the questions are answered and served
    Back to me? or
    2. do I have to hire a 3rd party to do so? A notary or court reporter or something to serve and swear them in?
    2a. Does the witness answer in writing?
    3. and if I hire a 3rd party do they have to read my questions to the witness and wait for them to answer and get their answers? Or do they just leave the written questions with the witness to answer on their on time?
    4.I am suing my employer and another organization both under the county govt. I live in. So do I have to serve the individuals individually or just their atty who reps them? there is only 1 atty for both.

    thanks.
     
  2. army judge

    army judge Super Moderator

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    You desperately need a lawyer, if you don't hire one, best of luck.
     
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  3. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    If you do this yourself I'd give 3:1 odds that when you look back on this trying to figure out why you lost poorly performed depositions will be right at the top of the heap.

    Get a lawyer.
     
    Last edited: Jul 22, 2020
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  4. july713

    july713 Law Topic Starter New Member

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    do u have any answers to any of my questions?For. future responders I do not need you to tell me I am over my head. u can save ur energy.
     
  5. justblue

    justblue Well-Known Member

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    None of the volunteers here can walk you step by step through your case. That is way beyond the function of this, or any other, legal site. If you don't want to lose your case you will need to hire an attorney.

    Home Page - New York State Bar Association

    Call the N.Y. Bar and ask for several attorneys that specialize in employment law, have a consult with all and choose the one whom you trust and can afford. Good luck to you. :)
     
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  6. Zigner

    Zigner Well-Known Member

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    Is your keyboard broken?
     
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  7. justblue

    justblue Well-Known Member

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    Okay...so you are aware that you are unable to effectively represent yourself with your federal case.. Now follow the direction I gave you and hire an attorney.

    As an aside you will want to leave out the text talk when dealing, in anyway, with this matter. Court cases require one to use grown-up words. :)
     
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  8. army judge

    army judge Super Moderator

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    Any US Federal Court is best avoided by amateurs and attorneys NOT experienced in the FRCivil P >>

    https://www.uscourts.gov/sites/default/files/rules-of-civil-procedure.pdf

    and FRCriminal P >>

    https://www.uscourts.gov/sites/default/files/federal_rules/FRCrP12.1.2014.pdf

    Per Rule 31. Depositions by Written Questions
    Primary tabs
    (a) When a Deposition May Be Taken.

    (1) Without Leave. A party may, by written questions, depose any person, including a party, without leave of court except as provided in Rule 31(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)(1) and (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 30 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 a deposition before the time specified in Rule 26(d); or

    (B) if the deponent is confined in prison.

    (3) Service; Required Notice. A party who wants to depose a person by written questions must serve them on every other party, with a notice stating, if known, the deponent's name and address. If the name is unknown, the notice must provide a general description sufficient to identify the person or the particular class or group to which the person belongs. The notice must also state the name or descriptive title and the address of the officer before whom the deposition will be taken.

    (4) Questions Directed to an Organization. A public or private corporation, a partnership, an association, or a governmental agency may be deposed by written questions in accordance with Rule 30(b)(6).

    (5) Questions from Other Parties. Any questions to the deponent from other parties must be served on all parties as follows: cross-questions, within 14 days after being served with the notice and direct questions; redirect questions, within 7 days after being served with cross-questions; and recross-questions, within 7 days after being served with redirect questions. The court may, for good cause, extend or shorten these times.

    (b) Delivery to the Officer; Officer's Duties. The party who noticed the deposition must deliver to the officer a copy of all the questions served and of the notice. The officer must promptly proceed in the manner provided in Rule 30(c), (e), and (f) to:

    (1) take the deponent's testimony in response to the questions;

    (2) prepare and certify the deposition; and

    (3) send it to the party, attaching a copy of the questions and of the notice.

    (c) Notice of Completion or Filing.

    (1) Completion. The party who noticed the deposition must notify all other parties when it is completed.

    (2) Filing. A party who files the deposition must promptly notify all other parties of the filing.
     
  9. zddoodah

    zddoodah Well-Known Member

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    Hire a third party. Specifically, hire a lawyer. Beyond that, without a basic understanding of the Federal Rules of Civil Procedure, I don't know how you expect to litigate successfully in federal court, and you may as well dismiss your case now. On the other hand, if you can get access to a law library or have paid for a Lexis or Westlaw subscription, I suggest you check out the Moore's Federal Practice and/or Wright & Miller treatises, both of which contain detailed discussions of how the FRCP work. It's worth pointing out that most lawyers have never taken a deposition by written questions, so most lawyers would have to research the process in order to do it correctly.

    This doesn't make any sense as phrased, and no one who knows nothing about your case will have the slightest idea about this. Are the two individuals employees of your former employer? Are you seeking to depose them personally? Or are you seeking to depose the organization? Are the individuals represented, or does the lawyer only represent the two entity defendants?
     
  10. july713

    july713 Law Topic Starter New Member

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    just nasty and rude. really u (there it goes again text talk) think u need to tell me abt.text talk in court. U don't. an atty y didn't I think of that. Like really, ppl go pro se b/c they have nothing else to do. I spoke to attys abt depositions via questions, most of them got it wrong and didn't know how to do it. Didn't know u had to do it thru a 3rd party or even that the law existed. and I had an atty in another case who bungled a foolproof case. I can lose my case for free, which I will not, I don't need to hire a 2nd rate atty to To lose it for me. I won't lose my case. the law is on my side. and the evidence!
     
  11. justblue

    justblue Well-Known Member

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    :rolleyes:
     
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