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Write deponent ordered

depositions types and purposes there are five basic methods of discovery depositions interrogatories requests for production or inspection physical or mental examinations and requests for admissions deposition is defined as a witnesses sworn out-of-court testimony that is reduced to writing usually by a court reporter for later use in court or for discovery purposes this module will discuss the different types of depositions oral written discovery to preserve testimony and to perpetuate testimony the next module on depositions will discuss objections and how depositions can be used at trial oral depositions an oral deposition occurs when a party to the litigation sits down with the person being deposed known as the deponent whether the opposing party or a witness and asks the deponent questions depositions may be taken without leave meaning without permission or order of the court however there are exceptions a party must obtain leave of court before de posing a witness if the party to be deposed is in prison or if the parties have not stipulated to the deposition and one of three circumstances applies the party seeking the deposition has already taken ten depositions the deponent was already disposed in the case where the party wants to take a deposition before the discovery conference occurs when a party wants to depose a witness he must provide both the witness and the other parties to the litigation with reasonable notice reasonable notice must include the time date and place where the deposition is to occur and the deponents name if the deposing party does not know the deponents name then notice must provide a sufficient description of the deponent or the class of people to which the deponent belongs for example residents of the apartment building at 5 - 3 Main Street this also applies when the deponent is an organization in that case the description would allow the organization to identify what witness or witnesses should be designated for the deposition and would be able to answer the questions deposition notices are usually accompanied by a subpoena a subpoena is a writ commanding a person to appear subject to a penalty for failing to comply although a subpoena may not always be necessary it provides incentive for a potentially uncooperative witness to show up for the deposition and it allows the parties involved to be secure in their scheduling the deposing party also is the option of using a subpoena duces tecum which requires the deponent to bring documents with him to the deposition in that case that opposing party also includes with the notice a list of the materials that the opponent is asked to bring notice of the deposition must state how the testimony will be recorded generally deposition testimony may be recorded by stenographic audio or audio-visual means but the deposing party must pay for whatever materials he chooses and neither the deponents nor the attorneys demeanor or appearance can be distorted by the recording technique if the deposition is video recorded...