Local Rule LCvR 30.1: Depositions

LCvR 30.1 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 (7) days prior to 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 (7) 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. The court must allow additional time consistent with Rule 26(b)(1) and (2) if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.

(c) Procedure for Designation of Deposition Testimony for Use at Trial.

The parties are to file a list of the deposition designations, counter-designations, and objections by all parties.

Additionally, the parties are to jointly submit to the Judge's chambers one copy of each transcript of each deponent, which will include the designations, cross designations, and objections by all parties. These transcripts are to be submitted in paper format, and not as an electronic submission. Under no circumstances shall the Plaintiffs submit a deposition transcript which includes only their designations and/or objections, and the Defendants also submit an additional copy of the same deposition transcript which includes only the Defendants' designations and/or objections.

• The Plaintiffs are to highlight their deposition designations with a pink highlighter. The Defendants are to highlight their deposition designations with a yellow highlighter.

• If both parties designate the same testimony, the Plaintiff shall highlight the text in pink and the Defendant shall underline the text in yellow.

• If there are multiple plaintiffs or defendants in the case with differing designations, the additional party shall highlight their deposition designations with a different highlighter color of their choice.

• The entire deposition transcript of each deponent is to be submitted. The transcript may be copied four (4) pages per sheet, but this is not required. Each transcript shall be bound on the left margin or placed in a three-ring binder. Multiple transcripts may be bound together or placed in a three-ring binder, with divider tabs indicating the name of the deponent.

• If an entire page is designated, the party shall highlight the line numbers in a vertical line on that page, rather than highlighting the text of each individual line. If less than the entire page is designated, the party shall highlight the individual lines of designated text.

• Any objections to the designations are to be hand written in the right margin of the page. The objection shall indicate the page and line numbers relevant to each objection, either included in the hand written objection or by a bracket hand written in the right margin which shows the beginning and ending points of the text relevant to that objection. Additionally, any deposition page that contains an objection shall be flagged.

No objection to any designation or counterdesignation shall be considered by the Court until a good faith effort to resolve such objections by means of a personal meeting between counsel has been conducted. Subsequent to this meeting, any remaining evidentiary objections may be annotated in the margins of the highlighted transcript, so that the Court may easily consider them in context. Objections arising out of the procedural history of a particular case or stemming from the law of the case may be supported by an optional supplemental brief, which may then be submitted to the Court with the annotated transcript. 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) Depositions Generally. Depositions as provided in Fed. R. Civ. P. 30 are authorized. Counsel shall personally meet as required by LCvR 37.1 and attempt to resolve any disputes concerning objections to the taking of or objections made during the deposition, including transcript preparation, before presenting such unresolved issues to the Court.

(f) Trial Depositions. Except by order of the Court, trial depositions may be taken by reasonable notice up to fourteen (14) days prior to trial. Rule 6, Federal Rule of Civil Procedure, shall govern the computation of time.