By notice to parties MCR 2.313(D) Timing

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2 Getting the witness to the deposition By notice to parties R 37(d) By notice to party organization s By subpoena to nonparties R 30(a) & (g)(2); R 45 By subpoena to nonparty organization s Getting the witness to the deposition By notice to parties MCR 2.313(D) By notice to party organization s representative MCR 2.306(B)(5) By subpoena to nonparty MCR 2.306(B)(3) & By subpoena to nonparty organization s representative MCR 2.306(5) Getting documents to the deposition R 34 production well in advance Demand for production served with notice or subpoena R 30(b)(1), (5) or (6) or 45(a)(C) Getting documents to the deposition MCR production well in advance Demand fro production served with notice or subpoena MCR 2.306(B)(1), (4) or (5) Timing No depositions before the R 26(b)(2) discovery conference, absent leave of court (R 30(a)(2)(C)) Reasonable notice R 30(b)(1) Reasonable time likely to be 14 days or more if documents demanded R 45(c)(2)(B) Timing Following 28 days from service or after defendant appears or responds MCR 2.306(A)(1) Reasonable notice MCR 2.306(B)(1) Reasonable 28 days from notice or 42 days from service of summons if documents demanded MCR 2.306(B)(4) and 2.310(C)(2) The Institute of Continuing Legal Education 2-6

3 Requirements of notice/subpoena Served on all parties R 30(b)(1) Date, time and place R 30(b)(1) Name and address or witness (or description of witness whose name is unknown) R 30(b)(1) Manner by which deposition will be recorded R 30(b)(2) Matters on which examination is requested for organization s Notice of obligation of nonparty organization s obligation to produce Reasonable location. Travel not more than 100 miles for witness R 45(c)(3)(A)(ii) Requirements of notice/subpoena Served on all parties MCR 2.306(B)(1) Date, time and place MCR 2.306(B)(1) Name and address of witness (or description of witness whose name is unknown MCR 2.306(B)(1) Matters on which examination is requested for organization s representative MCR 2.306(B)(5) Notice of obligation of nonparty organization s obligation to produce representative MCR 2.306(B)(5) Reasonable location (County where subpoenaed witness resides is employed or does business) MCR 2.305(C) 2-7 The Institute of Continuing Legal Education

4 Conducting the deposition Assure that formalities of R 30(b)(4), e.g. oath given, name & address of reporter, date, time & place on the record, are complied with; Don t assume defects will be waived under R 32(2) or (3) There are no usual stipulations you should agree to; make any agreement related to the taking of the deposition explicit and in writing or on the record R 29 Ask leading questions of adverse witnesses or parties FRE 611(c) Objections as to form of questions waived unless timely made R 32(d)(3) Make a good record. Describe everything in words. Do not ask the witness about what is here or what that exhibit shows. Identify exhibits by number (or letter) in each question. Be wary of going off the record Be very slow to tell your witness not to answer a question. R 30(d)(3) & 37(2)(B). Never direct a witness who is not your client to refuse to answer. Ordinarily, privilege is the only safe basis upon which to direct a witness not to answer, but see R 30 (d)(4) on termination to seek protective order. Stay calm and civil, no matter how great the provocation. Conducting the deposition Assure that oath is given as required by MCR 2.306(C) There are no usual stipulations you should agree to; Make any agreement related to the taking of the deposition explicit and in writing or on the record Ask leading questions of adverse witnesses or parties MRE 611(c)(3) Objections as to form waived unless timely made MCR 2.308(C)(3)(b) Make a good record. Describe everything in words. Do not ask the witness about what is here or what that exhibit shows. Identify exhibits by number (or letter) in each question. Be wary of going off the record Be very slow to tell your witness not to answer a question. MCR 2.313(A)(2)(a). Never direct a witness who is not your client to refuse to answer. Ordinarily, privilege is the only safe basis upon which to direct a witness not to answer, but see MCR 2.306(D) on termination to seek protective order. A party believing that privilege may be an issue must give notice before the deposition MCR 2.306(D)(3) Stay calm and civil, no matter how great the provocation. The Institute of Continuing Legal Education 2-8

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