How to Prepare a Notice of Deposition or Subpoena in Federal Practice (with Forms)

Berkeley Law Berkeley Law Scholarship Repository Faculty Scholarship 1-1-1986 How to Prepare a Notice of Deposition or Subpoena in Federal Practice (with Forms) Henry L. Hecht Berkeley Law Follow this and additional works at: http://scholarship.law.berkeley.edu/facpubs Part of the Law Commons Recommended Citation Henry L. Hecht, How to Prepare a Notice of Deposition or Subpoena in Federal Practice (with Forms), 32 Prac. Law. 13 (1986) This Article is brought to you for free and open access by Berkeley Law Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact jcera@law.berkeley.edu.

THE PRACTICAL LAWYER MARCH 1986 How To Prepare a Notice of Deposition or Subpoena in Federal Practice (with Forms) Henry L. Hecht The process of getting a party or nonparty witness to the deposition requires a series of detailed steps. T HIS eral ARTICLE court practitioner PROVIDES the with fed- a step-by-step procedural guide for drafting a Notice of Deposition upon Oral Examination ("Notice"), including a Notice to a party requesting Copyright 1986. Henry L. Hecht. Reproduced with permission. HeinOnline -- 32 Prac. Law. 13 1986

14 THE PRACTICAL LAWYER (Vol. 32-No. 2) MARCH documents to be produced at the deposition, a Subpoena, or a Subpoena Duces Tbcum. TATUTORY CONSIDERATIONS * In preparing any Notice or Subpoena, the attorney must determine: - Whether a deposition is permitted at the particular point in the litigation; e Whether a Notice is sufficient to require a witness' attendance, or whether a Subpoena is required, and if a Subpoena is required, which court can issue the Subpoena; e Where a witness can be required to appear; * How many days in advance of the deponent's required appearance the Notice/Subpoena must be served; and e How the Notice/Subpoena must be served. These questions are answered by the Federal Rules of Civil Procedure ("F.R.Civ.P.") as interpreted by case law, local rules, and custom. Deposition Practice A deposition of any person, including a party, may be taken after an action has been filed. A plaintiff may not, with specified certain exceptions, take a deposition before the end of a 30-day waiting period after service of the Summons and Complaint upon any defendant or service of the Summons made under ER.Civ.P. 4(e), unless the plaintiff obtains leave of court on a showing of good cause. On the other hand, a defendant may take a deposition any time after commencement of the action. FR.Civ.P. 30(a). Special procedures are provided for the taking of a deposition before an action is filed or while an appeal is pending. ER.Civ.P. 27. A party, including an organization's officers, directors, and managing agents, may be required to appear at a deposition pursuant to Notice. ER.Civ.P. 30(a). See also ER.Civ.P. 32(a)(2). A nonparty may only be required to appear pursuant to a Subpoena issued out of the district where the deposition is to be taken. ER. Civ.P. 30(a), 45(d)(1). A party may be directed to appear at a deposition in any reasonable location specified in the Notice. See ER. Civ.P. 30(b). Limitations on the location of the deposition may be imposed for good cause by a court upon a motion for a protective order. Fed. R.Civ.P. 26(c). A nonparty may be compelled by a subpoena to appear at any place within 100 miles from the place where that person resides, is employed, or transacts business in person, or is served, or at such other convenient place as is fixed by an order of court. FR.Civ.P. 45(d)(2), effective August 1, 1985. "Reasonable Notice" A party noticing a deposition of any person must give "reasonable notice" in writing to every other party in the action. FR.Civ.P. 30(b)(1). The HeinOnline -- 32 Prac. Law. 14 1986

1986 PREPARING A NOTICE OF DEPOSITION OR SUBPOENA 15 rule for the issuance of a Subpoena does not specify a statutory notice period. See ER.Civ.P. 45(d)(1). If a party is represented by an attorney, service shall be made upon the attorney unless the court orders service upon the party. The Notice is served be delivering a copy or by mailing it. ER.Civ.P. 5(b). Service of a Subpoena is made by delivering a copy to the person and by tendering certain witness fees, unless the Subpoena is issued on behalf of the United States or an officer or agency thereof. FR. Civ.P. 45(c). Good Faith Standard Regardless of a formal right to take a deposition, the attorney must consider whether the request can be made consistent with the standards for discovery requests codified in the 1983 amendments to the Federal Rules. An attorney in signing a Notice of Deposition certifies, among other things, that the request is made in good faith and not for any improper purpose, and that it is not unreasonable or unduly burdensome or expensive given the case at issue. If the certification violates the standards, the Federal Rules provide for sanctions that the courts have been awarding with increasing frequency. ER.Civ.P. 26(g); see also 11 and 26(a). T HE NOTICE OF DEPOSITION o A Notice of Deposition must be prepared whether or not the witness is a party to the litigation. The following steps should be taken in preparing a Notice of Deposition: Obtain the Name and Address of the Witness If the name and address of the deponent are not known, the Notice must include a general description sufficient to identify the witness or the particular class or group to which the witness belongs. ER.Civ.P. (30)(bXl). In a Notice to an organization, a party may describe with "reasonable particularity the matters on which examination is requested" and the responding organization will then be required to designate the person or persons to testify on its behalf. ER.Civ.P. 30(bX6). If the witness is a party, obtain the address of the attorney for service of the Notice upon that attorney. The Notice should include the witness's address, if known. Whenever possible, obtain a street address rather than a post office box, particularly if personal service of a Subpoena will be required, to will ensure that the person to be served can be located. When trying to learn the identity of a witness, remember there is an ethical obligation not to communicate with an adversarial party known to be represented in the action by an attorney without the consent of the other attorney. ABA Model Code of Professional Responsibility 7-104 (1979); ABA Model Rule of Professional Conduct 4.2 (1983). HeinOnline -- 32 Prac. Law. 15 1986

16 THE PRACTICAL LAWYER (Vol. 32-No. 2) MARCH Determine Date, Time, and Location of Deposition Check that the proposed location of the deposition-i.e., the place to which the witness must travel - is permitted by statute and that the required statutory notice period has been considered. When faced with difficulties, remember that parties may stipulate to waive any statutory requirement. ER. Civ.P. 29. See also F.R.Civ.P. 30(b)(3). In addition, unilateral decision-making may not be in order, for some jurisdictions require attorneys to cooperate in scheduling discovery, including, for example, the time and place for a deposition. Cf. Local Rule 231-1 for the United States District Court for the Southern District of California. Secure a Room for the Deposition Be sure the room is large enough to accommodate the number of people who will be attending the deposition. If known in advance, note the room on the Notice of Deposition. If the deposition is to be taken by telephone, upon written stipulation or a court order upon motion, special arrangements will be required. FR. Civ.P. 30(b)(7). Secure an Officer-Court Reporter A deposition must be taken before an officer authorized to administer the oath to the witness. ER.Civ.P. 28(a). Normally the officer is the same person who records the testimony, but if not, the transcription must be made under the direction of the officer and a separate court reporter must be retained. ER.Civ.P 30(c). The officer must not be a relative or employee or attorney or counsel of the parties or of their attorneys or counsel or have a financial interest in the action. ER.Civ.P. 28(c). When you retain the services of a court reporter, specify if you want "daily" transcripts, as the reporter will need to make special arrangements to provide that service. As a transcript will be produced only upon request by a party, let the court reporter know as soon as possible if one is needed. ER. Civ.P. 30(c). Prepare the Notice of Deposition Be sure to include the witness's name and address, if known, as well as the time, date, and place of deposition. Describe Documents To Be Produced A Notice to a party deponent may include a request for the production of documents and tangible things at the taking of the deposition. ER. Civ.P. 30(b)(5). The procedures of ER.Civ.P. 34 apply. Thus, the Notice must allow for at least 30 days for the items to be produced. The description of documents to be produced shall set forth the items individually or by category describing them with reasonable particularity. If the request is lengthy, it is usually at- HeinOnline -- 32 Prac. Law. 16 1986

PREPARING A NOTICE OF DEPOSITION OR SUBPOENA 17 tached to the Notice in the form of a separate Schedule of Documents. If a Schedule is attached, the language of the typical Notice, which merely requires the appearance of a witness, must be edited to reflect that documents also are to be produced. See Exhibit A, Notice of Deposition and Request for Production of Documents. If the witness is a nonparty, a Subpoena Duces Tecum will be required and different procedures, described below, apply. ER.Civ.P. 45(b). Give Notice of Recordation by Other than Stenographic Means The noticing party may request the deposition be recorded by other than stenographic means including videotape. In federal court, the parties may so stipulate in writing or the court may so order upon motion. FR. Civ.P. 30(b)(4). Sign the Notice The Clerk of the Court is not involved in the issuance of a Notice. In signing the Notice, the attorney certifies that the standards for a discovery request have been met. If the request is not signed, the court shall strike it unless promptly signed; and until it is signed, the other party has no obligation to take any action with respect to it. ER.Civ.P. 26(g). See also ER. Civ.P. 11 and 26(a). Prepare a Proof of Service Service of the Notice upon the party may be by mail or delivery, unless otherwise ordered by the court. Be sure that the Proof of Service conforms with the actual method to be used. See Exhibit B, Sample Proof of Service. Serve the Notice Staple together in this order: * Notice of Deposition; " Schedule of Documents, if applicable; and * Proof of Service. Serve copies of the notice of deposition with document request, if any, and proof of service on all attorneys of record. Service may be by anyone not less than 18 years of age and not a party to the litigation. File Originals if Permitted Either deliver or mail an original Notice and Proof of Service for filing and one copy to be file-stamped by the court clerk for return to your office's files. If you mail the Notice to the court, be sure to include a stamped, self-addressed envelope for the clerk to return the file-stamped copy to your office. Before sending a Notice to the court for filing, you should confirm that the District Court permits filing of these discovery requests. Note the Deposition on Your Calendar The date, time, and place of the deposition should be calendared on both your personal calendar and any HeinOnline -- 32 Prac. Law. 17 1986

18 THE PRACTICAL LAWYER (Vol. 32-No. 2) MARCH office master calendar or docket. If the party noticing the deposition fails to attend and another party after Notice attends, the court may order the noticing party to pay reasonable expenses incurred, including reasonable attorney's fees. ER.Civ.P. 30(g)(1). S UBPOENA FOR A NONPARTY * As discussed above, a Subpoena is required to compel the attendance of a nonparty at a deposition, although a Notice of Deposition must still be prepared and served upon all parties to the action or their attorneys to have a Subpoena issued. A Subpoena is not required to depose a party; proper Notice served on all parties' attorneys or on the parties directly is sufficient. In certain unusual circumstances, however, a Subpoena may be used to require the attendance of a party. When documents are requested from a nonparty, in addition to the Notice of Deposition, a Subpoena Duces Tecum must be prepared. ER. Civ.P. 30(a), (b); ER.Civ.P. 45(d). Under the Federal Rules, the Clerk of the Court will "issue" a Subpoena "under the seal of the court" to be filled in by the noticing party. FR. Civ.P. 45(a). The Subpoena that the noticing party prepares may not be served until the related Notice of Deposition with Proof of Service has been filed with the court and the clerk signs and embosses the Subpoena. ER. Civ.P. 45(d)(1). If the witness is to produce documents pursuant to a Subpoena Duces Tecum, the separate Notice served on the parties must include the designation of documents to be produced. ER.Civ.P. 30(b)(1). Deposition in the District Where the Case Is Pending The following is a procedural checklist for preparing the Subpoena when the deposition is to occur in the District where the case is pending. Obtain a Blank Subpoena Federal courts typically use one form of Deposition Subpoena although you should check if the District Court issuing the Subpoena has a special local form. Indicate Name of Court, Capion, Docket Nwnber Fill in the name of the court and the caption. Be sure to include the docket number. When the deposition is to be taken in the district where the action is pending, the court and the docket number will be the same as that of the pending case. The type of case, civil or criminal, and the type of Subpoena, merely for the appearance of the witness or also for the production of documents or objects, also must be indicated at the appropriate place on the form. Set Forth the Name and Address of the Person Being Subpoenaed The Notice and Subpoena may name an organization and request it to designate a person or persons to testify on matters described with rea- HeinOnline -- 32 Prac. Law. 18 1986

PREPARING A NOTICE OF DEPOSITION OR SUBPOENA 19 sonable particularity. The Subpoena shall advise a nonparty organization of its duty to make such a designation. ER.Civ.P. 30(b)(6). The Federal Deposition Subpoena form includes such an admonition. Include Date, Tine, and Location As with any deposition, secure a room of adequate size and a deposition officer, who usually serves as the court reporter. With respect to the date for the witness' appearance, be sure that the Subpoena requires appearance on the same date as the date used in the Notice of Deposition. Remember that effective August 1, 1985, a person may be required by Subpoena to attend at any place within 100 miles from the place where the person resides, is employed, or transacts business in person, or is served, or at such other convenient place fixed by court order. ER.Civ.P. 45(d)(2). Describe Any Docunents A Subpoena may also be used to request the production of documents or tangible things. The Subpoena is then a Subpoena Duces Tecum, rather than an "ordinary" Subpoena or Subpoena Ad Testificandum. ER.Civ.P. 45(b) and (d). If no documents are requested, so indicate on the form. Otherwise, identify the documents requested on the face of the subpoena form or indicate the use of an attached Schedule of Documents. In addition to attaching a copy of the Schedule of Documents, if appropriate, to the Subpoena, remember that a copy of the Schedule of Documents, or a designation of the documents to be produced, also must have been attached to or included in the Notice of Deposition served on all parties prior to the issuance of the Subpoena. FR.Civ.P. 30(b)(1). Sign and Serve the Notice After filling in your name, address, and on whose behalf the Subpoena is issued, prepare and serve copies of the Notice of deposition on all parties as described above. File the Origina/s As stated above, before the Subpoena finally can be issued by the court for service upon the witness, proof of service of the Notice of Deposition must be filed with the court. Proof is made by filing a copy of the Notice with a statement, certified by the person who made service, of the date and manner of service and of the names of the persons served. ER. Civ.P. 45(d)(1). When filing the Notice, in addition to sending the original Notice for filing, include one copy to be file-stamped for return to your office's files. Sign and Seal Original Completed Subpoena Typically the Notice of Deposition and Proof of Service for filing are provided to the court simultaneously HeinOnline -- 32 Prac. Law. 19 1986

20 THE PRACTICAL LAWYER (Vol. 32-No. 2) MARCH with a request to have the clerk "sign and seal" the Subpoena that you have previously completed. The clerk will return the original Subpoena to you for service upon the witness. If you mail to the court the Notice for filing and the Subpoena that is to be served, be sure to include an additional copy of each with a stamped, self-addressed envelope for the clerk to return a file-stamped copy of each for your office's files as well as the original Subpoena to be shown to the witness at the time of service. Attach a Wness Fee Check Attach a witness fee check to the service copy of the Subpoena. A copy of the Subpoena will be served on the witness; the original Subpoena, after service, will be filed with the court. As stated above, witnesses appearing pursuant to a Subpoena or Subpoena Duces Tecum are entitled to a witness fee unless the Subpoena is issued on behalf of the United States or an officer or agency thereof. ER. Civ.P 45(c). The United States District Court requires $30 per day and a separate travel allowance depending on the mode of transportation. 28 U.S.C. 1821. See also 5 U.S.C. 5704. Because the rates change from time to time, you should check with the Clerk of the Court in the jurisdiction where the deposition is to betaken to confirm the current witness fee requirements. Secure a Process Server Anyone not less than 18 years of age and not a party to the litigation may serve a Subpoena. Provide the process server with: * A copy of the Subpoena (with separate Schedule of Documents if used for a Subpoena Duces 'Tcum) with witness fee check attached; * The original Subpoena to be shown to the subpoenaed person; and * Detailed instructions on service - including where to find the witness - and on the return of proof of service. Serve the Wtmess Serve copies of the Subpoena on the witness. It is unnecessary to serve the other parties with copies of the Subpoena or proof of its service; the parties have already been served with a Notice of the Deposition. Obtain Eecuted Return of Service and Or'ginal Subpoena After the process server has served the service copy of the Subpoena on the witness, the process server will return the original Subpoena to you. Be certain the process server has completed the Return of Service and Declaration of Server found on the obverse of the Deposition Subpoena form accurately and executed the original. If the process server prepares a separate Proof of Service, confirm that the case number and caption are cor- HeinOnline -- 32 Prac. Law. 20 1986

PREPARING A NOTICE OF DEPOSITION OR SUBPOENA 21 rect and that a proof of service has been completed and executed. File the Ofigias Deliver or mail to the court an original Subpoena and Proof of Service for filing and one copy to be filestamped by the clerk for return to your office's files. If you mail the documents to the court, be sure to include a stamped, self-addressed envelope for the clerk to return the file-stamped copy to your office. Note the Deposition on your Calendar Note the date, time, and location of the deposition on both your personal calendar and on any office master calendar or docket. If a party noticing the deposition of a witness fails to serve a Subpoena upon the witness, and therefore the witness does not attend and another party after Notice attends, the court may order the noticing party to pay reasonable expenses incurred, including reasonable attorney's fees. ER.Civ.P. 30(g)(2). Deposition Outside the District Where the Case Is Pending If the deposition is to be taken of a nonparty in a place outside the federal district where the case is pending, the following steps, in addition to those described above for the issuance of a Subpoena, should be taken. Prepare Subpoena for Issuance The Subpoena must be prepared for issuance by the court where the deposition is to be taken. In addition to the steps described above, remember to use the name of the court where the deposition will be taken and use the original docket number with an indication that it is an action pending in another jurisdiction. ER.Civ.P. 45(a). For example, suppose the case is pending in the Northern District of California, but the witness to be deposed in lives Seattle, Washington. The Subpoena then must be prepared for issuance by the U.S. District Court for the Western District of Washington, using the original docket number of the Northern District of California action. Prepare and Fe Notice of Deposition and Proof of Service File the original Notice of Deposition and Proof of Service of the Notice on all parties in the jurisdiction where the case is pending. Obtain File-Stamped Copies Secure a file-stamped copy of both the Notice of Deposition and Proof of Service. Most courts will accept a copy of the Notice and Proof of Service, but some may require a certified copy. Thus before you request a copy, determine if the second clerk's office will require a certified copy and whether a certification fee will be charged by the first clerk's office. If so, include a check for that fee in your request to the clerk's office. HeinOnline -- 32 Prac. Law. 21 1986

22 THE PRACTICAL LAWYER (Vol. 32-No. 2) MARCH Send Copies to Issuing Court Send the copy of the Notice of Deposition and Proof of Service plus the original Subpoena to the district that will issue the Subpoena. Before sending the documents to the second court, check if a fee is required by the second clerk's office to issue the Subpoena. If so, be sure to include a check for that fee when you deliver or mail to the second clerk's office the copy of the Notice and the original Subpoena that has been completed. Also remember to include additional copies to be file-stamped for return for your office files. As stated above, when using the mail, always include a stamped, self-addressed envelope for the clerk to return the filestamped copies to your office. Have the Subpoena Issued and Served Have the district court where the deposition will take place issue the Subpoena. At the time the clerk issues the Subpoena, a miscellaneous docket number may be added to the Subpoena. Then follow the procedures described above for service, as well as calendaring. John R. Smith Smith & Jones Five Embarcadero Center San Francisco, CA 94111 Telephone: (415) 555-1212 Exhibit A: Notice of Deposition and Request for Production of Documents Attorneys for Defendant Experimental Labs, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA QUANTUM INDUSTRIES, INC., Plaintiff, V. EXPERIMENTAL LABS, INC., Defendant. No. Civ. 86-1234 HLH Notice of Deposition and Request for Production of Documents HeinOnline -- 32 Prac. Law. 22 1986

PREPARING A NOTICE OF DEPOSITION OR SUBPOENA 23 TO: PLumrn= QuANrum INDusTRms, INC. AND ITs ATToRNEYs OF RECORD: Please take notice that, pursuant to Rules 26 and 30 of the Federal Rules of Civil Procedure, Defendant Experimental Labs, Inc., will conduct a deposition of the Custodian of Records of Quantum Industries, Inc., commencing at 10:00 a.m. on the - day of, 19_, and continuing from that time until complete, at the law offices of Smith & Jones, Five Embarcadero Center, San Francisco, CA 94111. You are further requested pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure to produce and permit Defendant to inspect and copy the documents identified in Schedule A appended to this Notice, at the taking of the deposition at 10:00 a.m. on the - day of, 19_, at the law offices of Smith & Jones, Five Embarcadero Center, San Francisco, CA 94111. The deposition shall be by oral examination, with a written record made thereof, before a notary public or before some other officer authorized by law to administer oaths. DATED: Schedule A Documents To Be Produced for Inspection and Copying: John R. Smith Attorney for Defendant Experimental Labs, Inc. 1. All correspondence between Quantum Industries, Inc., or any employee thereof, and Experimental Labs, Inc., or any employee thereof. 2. All documents discussing, referring to, or relating to any oral communications, including but not limited to telephone conversations, between any employee of Quantum Industries, Inc. and any employee of Experimental Labs, Inc. 3. All documents constituting, discussing, referring to, or relating to, any business transactions between Quantum Industries, Inc. and Experimental Labs, Inc., including but not limited to orders placed by Experimental Labs, Inc. with Quantum Industries, Inc. for connector plugs on or about September 1, 1983 and January 6, 1984. HeinOnline -- 32 Prac. Law. 23 1986

24 THE PRACTICAL LAWYER (Vol. 32-No. 2) MARCH Definition of Terms: 1. A communication or document "relating" to any given subject means any communication or document that constitutes, contains, embodies, reflects, identifies, states, refers to, deals with, or is in any way pertinent to that subject, including, without limitation, documents concerning the preparation of other documents. 2. The word "document(s)" shall mean all written, recorded, or graphic matter, however produced or reproduced, including the originals (or any copies if originals are not available) and any non-identical copies (or copies different from the originals due to notes made on those copies or because of indications that those copies were sent to different individuals than the original, or different for any other reason). Instructions: 1. Unless otherwise specified, the time period covered by this Notice of Deposition and Request for Production of Documents ("Notice") is the period from January 1, 1983, to the date of receipt of this Notice. 2. Unless otherwise specified, the documents covered by this Notice are limited to those that were prepared, sent, received, dated or in effect at any time during the period January 1, 1983, to the date of receipt of this Notice. 3. For each document for which objection to copying is made, be prepared to provide a statement setting forth in that objection: a. The name and title of the author; b. The name and title of each person to whom the document was addressed; c. The names and titles of those to whom copies of the document were sent; d. The date; e. The number of pages; f. A brief description of the subject matter; g. The nature of the claimed privilege; h. The paragraph to which the document is otherwise responsive; and i. The exact location where the original and each copy were kept as of the date of receipt of this Notice. Exhibit B: Sample Proof of Service Proof of Service by Mail I, John Service, declare as follows: 1. I am employed in the City and County of San Francisco; I am over the age of 18 years; and I am not a party to this action. My business address is Five Embarcadero Center, San Francisco, CA 94111. HeinOnline -- 32 Prac. Law. 24 1986

PREPARING A NOTICE OF DEPOSITION OR SUBPOENA 25 2. On _, 19_, I served the following Notice of Deposition and Request for Production of Documents in this action by causing true copies thereof in sealed envelopes, with postage fully prepaid, to be deposited in the United States mail at San Francisco, CA, addressed as follows: Robert C. Post Pillar & Post I Montgomery Street San Francisco, CA 94104 I declare under penalty of perjury that the foregoing is true and correct. Executed on -, 19, at San Francisco, California. John Service Rule 34 requires that the request [for production of items] describe the item sought with reasonable particularity. The standard of reasonable particularity is not inflexible but is, instead, adaptable to the circumstances. It varies according to what the discovering party knows and is able to put in the request and according to what background information the responding party has for interpreting the request. A general description that goes to the limit of the requesting party's capabilities may be enough if the responding party has the background information that enables him to understand such a general description. The fundamental requirement, whatever the circumstances are, is that a respondent of average intelligence has enough information to know the items he is expected to produce. A description of each individual item is not always necessary if a description is not available. A description of the categories of items needed may be sufficient if it affords enough information for an intelligent response. A commonly used categorical description that is usually insufficient is the term financial records; it embraces too many subcategories to have much meaning. Requests for correspondence are often too vague. Fbr example, a request for all correspondence between two companies should normally be refined by a description of the subject matter of the correspondence. - J. UNDERwooD, A GUIDE To FEDERAL DiscovERy RUrts 222 (ALI-ABA, Philadelphia, 2d ed. 1985). HeinOnline -- 32 Prac. Law. 25 1986

26 THE PRACTICAL LAWYER (Vol. 32-No. 2) ALI-ABA Books For Further Study A Guide to Federal Discovery Rules, by James L. Underwood (2d ed. 1985). The Practical Lawyer's Manual on Pretrial Preparation (1985). Resource Materials: Civil Practice and Litigation in Federal and State Courts (3d ed. 1985). THal Advocacy: A Systematic Approach, by Leonard Packel and Delores B. Spina (1984). Civil THal Manual 2, Ralph C. McCullough and James L. Underwood, Reporters (2d ed. 1980 & 1984 Supp.). The Practical Lawyer's Manual of Pretrial Discovery (1973). Articles in The Practical Lawyer The Videotape Deposition: Using Modem Technology for Effective Discovery, by James L. Underwood, THE PRAcTncAL LAWYER, April 1985, p. 61 (Part 1); June 1985, p. 65 (Part 2). Plaintiff's Practical Uses of Discovery Techniques, by Donald P. Lay, THE PRACTICAL LAWYER, July 1984, p. 61. A Systematic Approach to Pretrial Preparation, by Leonard Packel and Dolores B. Spina, THm PRAcTIcAL LAWYER, April 1984, p. 23. Changing Federal Procedures in Serving Summonses and Complaints, by Walter J. Taggart, TIm PRACTICAL LAWYER, September 1983, p. 23. The New Amendments to the Federal Discovery Rules, by James L. Underwood, TmE PRAcncAL LAWYER, June 1980, p. 23. Discovery According to Federal Rule 34, by James L. Underwood, TBE PRACTICAL LAWYER, March 1980, p. 55. HeinOnline -- 32 Prac. Law. 26 1986