Fill and Sign the Minnesota Corporate Form

Rule 30.06. Minn. R. Civ. P. 30.06, Certification; Copies. Certification by Officer; Exhibits; Copies; Notice of Delivery – and Corporate Deposition Checklists ( infra ). 1. Certification . The officer shall attach as part of the deposition transcript a certificate duly sworn by such officer, which shall state the following: (i) that the witness was duly sworn by the officer; (ii) that the transcript is a true record of the testimony given by the witness; (iii) the amount of charges for the officer's preparation of the completed deposition transcript and any copies of exhibits; (iv) that the deposition transcript was submitted on a specified date to the witness or to the attorney of record for a party who was the witness for examination, signature and return to the officer by a specified date; (v) that changes, if any made by the witness, in the transcript and otherwise are attached thereto or incorporated therein; (vi) that the witness returned or did not return the transcript; (vii) that the original deposition transcript, or a copy thereof in event the original was not returned to the officer, together with copies of all exhibits, is in the possession and custody of the attorney or party who asked the first question appearing in the transcript for safekeeping and use at trial; (viii) that a copy of the certificate was served on all parties pursuant to Minn. R. Civ. P. 5 (Service and Filing of Pleadings and Other Papers). ( See also , 5.01 Service; When Required; Appearance. 5.02 Service; How made. 5.03 Service; Numerous defendants.) The officer shall file with the court in which the cause is pending a copy of said certificate, and the clerk of the court where such certification is filed shall tax as costs the charges for preparing the original deposition transcript and making and attaching copies of all exhibits to the original deposition. 2. Delivery . Unless otherwise requested or agreed to by the parties on the record in the deposition transcript, the officer, after certification, shall securely seal the original deposition transcript, or a copy thereof in the event the original is not returned to the officer, and copies of all exhibits in a wrapper endorsed with the title of the action and marked "Deposition of (here insert name of witness)," and shall thereafter deliver, or mail in a postpaid properly addressed wrapper, certified with return receipt requested, such deposition transcript and copies of all exhibits to the attorney or party who asked the first question appearing in the transcript, and shall give notice of delivery to all parties. The custodial attorney shall, upon reasonable request, make the original deposition transcript available for inspection or photocopying by any other party to the suit. - 1 - 3. Exhibits . Original documents and things produced for inspection during the examination of the witness shall, upon the request of a party, be marked for identification and annexed to the deposition transcript and may be inspected and copied by any party, except that the person producing the materials may (a) offer copies to be marked for identification and annexed to the deposition transcript and to serve thereafter as originals if he affords to all parties fair opportunity at the deposition to verify the copies by comparison with the originals, or (b) offer the originals to be marked for identification, in which event the materials may then be used in the same manner as if annexed to the deposition transcript. In the event that original exhibits rather than copies are marked for identification, the deposition officer shall make copies of all original exhibits to be annexed to the original deposition transcript for delivery, and shall thereafter return the originals of the exhibits to the witness or party producing them, and such witness or party shall thereafter maintain and preserve the original exhibits and shall produce any such original exhibits for hearing or trial upon seven (7) days notice from any party. Copies annexed to the original deposition transcript may be used for all purposes. 4. Nothing in this Rule shall preclude the parties from agreeing to any procedure at variance with the provisions of this Rule or Rule 30.05 (Submission to Witness; Changes; Signing); provided, however, that any such agreement between the parties shall be set forth on the record in the text of the deposition transcript, set forth in a separate exhibit to the transcript and signed by all parties, or approved by prior written order of the court. 5. Copies . Upon payment of reasonable charges therefor, the officer shall furnish a copy of the deposition transcript to any party or to the deponent. 6. Notice of Delivery . The deposition officer shall give notice to all parties of delivery of the deposition transcript and copies of exhibits. It shall serve on each party a copy of the officer's certification described in paragraph 1 herein pursuant to Minn. R. Civ. P. 5 (Service and Filing of Pleadings and Other Papers). - 2 - - 3 - DEPOSITION QUESTIONS - Expert Witnesses, Contract, Antitrust 1 . Please state your name and residence address. 2 . Please state by whom you are employed. 3 . Please state the full name and address of your employer. 4 . Please state whether your employer has changed its name at any time in the past three years and the reason for said change. 5 . Please indicate the state in which your employer is incorporated. 6 . What is your position of employment at the present time? 7 . Were you employed in this capacity by your present employer since 1990? 8 . Do you know the name of any persons who have the supervisory custody and control of any books and records or any documents referring to _____________ ? 9 . If your answer to the preceding question is in the affirmative, please state the name of each such person. a) For each name, state their address - both business and home - and their work and home telephone numbers. 10 . Do you know the name of any persons who have the supervisory custody and control of any books and records or any documents referring to _____________ 's professional association? 11 . If your answer to the preceding question is in the affirmative, please state the name of each such person. a) For each name, state their address - both business and home - and their work and home telephone numbers. 12 . Do you have any memorandums or information in your files which indicate who the owners of _____________ 's professional association are or have been? 13 . If your answer to the preceding question is affirmative, please have the official transcribing this deposition mark each of such instruments, memorandum or document as Defendants' "1", "2", "3", and so on in consecutive order and attach same to your answers to this deposition. 14 . For each such Exhibit which has just been marked under the previous question, please state the following: A. By whom was each prepared? B. When was each prepared? - 4 - C. Please state the circumstances by which such exhibit came into your possession. D. Has such exhibit or exhibits been maintained in files under your supervision and control as a permanent record? E. Was such exhibit kept in files under your supervision and control in any regular course of business? F. Was such exhibit received at or about the time indicated in such exhibit? G. Please state by whom such memorandum or exhibit was prepared, if not by you, and the manner in which it was placed in the location from which you obtained it. 15 . Did you ever communicate in any way with anyone or any entity as to _____________ , _____________ or _____________ professional association? A. With whom was each communication? B. When was each communication? 16 . If said communication was oral please state the substance of the conversation, who initiated the call or contact, and the date or dates thereof, and the parties thereto. 17 . If a memorandum or other instrument was made of any such conversation, please hand to the official transcribing this deposition the originals of said documents for marking as Defendants' next consecutively numbered exhibit. 18 . For each such exhibit which was marked under the preceding question, please state the following: A. By whom was each prepared? B. When was each prepared? C. Please state the circumstances by which such exhibit came into your possession. D. Has such exhibit or exhibits been maintained in files under your supervision and control as a permanent record? E. Was such exhibit kept in files under your supervision and control in any regular course of business? F. Was such exhibit received at or about the time indicated in such exhibit? - 5 - G. Please state by whom such memorandum or exhibit was prepared, if not by you, and the manner in which it was placed in the location from which you obtained it. 19 . Have you ever personally dealt with _____________ or her professional association? 20 . Have you ever personally dealt with any agent or representative of _____________ or his/her professional association? 21 . If so, with whom did you deal? 22 . On what dates did said dealings occur? 23 . Please state the dialogue, if there was any, between yourself and the person with whom you dealt (i.e., who said what to whom?), on each date as answered in preceding question. 24 . Attached hereto is Plaintiff's designation of expert witnesses. Please describe: A. What you claim to be the quality of care issue? B. What you claim are all the implications and impact of the revocation of practice privileges. C. What you claim are all the implications of refusal to allow scheduling? D What your testimony will be regarding the provision of anesthesiology services to surgeon's patients. E. What you claim are all the implications and impact of the revocation of practice privileges. F What you claim to be the quality of care issue. G What you claim are all the implications of refusal to allow scheduling. H Each meeting you have had with _____________ in Year regarding your testimony. - 6 - I. Any reason you are aware of that you should be allowed to testify as an expert witness on any topic in this lawsuit? _________________________ A. Your opinion and testimony regarding _______________ B. What your testimony will be regarding _______________ C. What you claim are all the implications and impact of _______________ D. What you claim to be the _______________ issue. E. What you claim are all the implications of _______________ . F. Each meeting you have had with _____________ in Year regarding your testimony. G. Any reason you are aware of that you should be allowed to testify as an expert witness on any topic in this lawsuit? __________________________ A. Your opinion and testimony regarding the economic damages claimed to be suffered by _____________ . B. What your testimony will be regarding _______________ C. What you claim are all the implications and impact of _______________ D. What you claim to be the quality of care issue. E. What you claim are all the implications of _______________ . F. Each meeting you have had with _____________ in Year regarding your testimony. G. Any reason you are aware of that you should be allowed to testify as an expert witness on any topic in this lawsuit? For Each: - 7 - #. State what you claim to be your expert opinion or opinions if more than one, #. State what anyone has indicated to you in any way what they believe your expert opinion should be. a) Who made each such indication to you? - 8 - Second Set DEPOSITION QUESTIONS - Proving Account, Contract by Friendly Witness I . 1 . Please state your name and residence address. 2 . Please state by whom you are employed. 3 . Please state the full name and address of your employer. 4 . Please state whether your employer has changed its name at any time in the past three years and the reason for said change. 5 . Please indicate the state in which your employer is incorporated. 6 . What is your position of employment at the present time? 7 . Were you employed in this capacity by your present employer during the Year ? Hereafter, there are numerous questions regarding an account. For clarity, hereafter, Plaintiff, Name_____ will be referred to as "Plaintiff" and Defendant, Name_____ will be referred to as "Defendant". 8 . Do you know the name of the person who has the supervisory custody and control of the books and records of account of the Plaintiff? 9 . If your answer to the preceding question is in the affirmative, please state the name of such person. - 9 - 10 . If you are the person named in the answer to the previous question and you are the custodian of the books and records of account of Plaintiff, do you have an account for the Defendant? 11 . Do you have any memorandums or information in your files which indicate who the owners of the Defendant are? 12 . If your answer to the preceding question is affirmative, please have the official transcribing this deposition mark each of such instruments, memorandum or document as Plaintiff's Exhibit "1", "2", "3", and so on in consecutive order and attach same to your answers to this deposition. 13 . For each such Exhibit which has just been marked under the previous question, please state the following: A. By whom was it prepared? B. Please state the circumstances by which such exhibit came into your possession. C. Has such exhibit or exhibits been maintained in files under your supervision and control as a permanent record of Plaintiff? D. Was such exhibit kept in files under your supervision and control in the regular course of business of Plaintiff? E. Was such exhibit received at or about the time indicated in such exhibit? F. Please state by whom such memorandum or exhibit was prepared, if not by an employee of Plaintiff, and the manner in which it was placed in the files under your supervision and control. - 10 - 14 . Do you have in the files, under your supervision and control, __________ of the Defendant for the year of Year . 15 . If the answer to the previous question is in the affirmative, please hand to the official transcribing this deposition the originals from your files of each such __________ thereof for marking as the Plaintiff's next consecutively numbered exhibit. 16 . In regard to the exhibits which have been marked under the previous question, please state the following: A. By whom was such __________ prepared? (If prepared by different persons, please identify by exhibit number and person preparing each.) B. Did the person who prepared such exhibit have personal knowledge of the transaction indicated in such exhibit? C. Please state the manner in which such __________ was received by Plaintiff. D. Please state how such __________ came to be placed in files under your supervision and control, and specifically the different detailed steps thereof. E. Have these exhibits been kept in the regular course of business for Plaintiff as part of their permanent records under your supervision and control? 17 . Please describe the procedure followed by Plaintiff _______________ 18 . Please state the manner in which _______________ 19 . Do you have in files under your supervision and control originals, or duplicate originals of _______________ ? - 11 - 20 . If your answer to the previous question is affirmative, please hand to the official transcribing this deposition each of such _______________ , and have each of them marked in consecutive order as the next Plaintiff's exhibits. 21 . For each such exhibit which has been marked under the preceding question, please state the following: A. Has each of these exhibits been maintained in files under your supervision and control? B. Were each of such exhibits prepared by an employee of Plaintiff with personal knowledge of the transaction reflected on such exhibit? C. Were each of such exhibits maintained in the regular course of business for Plaintiff? D. Were each of such exhibits maintained in the files of Plaintiff as part of its permanent records? E. If the exhibits were not prepared by an employee under your supervision and control, please state how such exhibits were placed in the files under your supervision and control. F. Were such exhibits prepared at or about the date upon which the transaction reflected therein occurred? 22 . _______________ ? 23 . How was _______________ ? A. How was _______________ ? B. Do you have personal knowledge _______________ ? - 12 - C. If you have personal knowledge of said _______________ , set forth the details thereof. D. Do you have in your file under your supervision and control any _______________ ? 1. If you do have such evidence, please hand to the official transcribing this deposition each and every copy of such memorandum for marking as Plaintiff's next consecutively numbered exhibit. 2. For each such exhibit, which was marked under the preceding question, please state how such exhibit originated or was prepared. 3. Please state whether each such exhibit was prepared by an employee of Plaintiff. 4. Was each such exhibit prepared by an employee who had personal knowledge of the transaction reflected by each such exhibit? 5. Was each such exhibit prepared at or about the time of the transaction reflected in each such exhibit? 6. Was each such exhibit maintained as a permanent record of Plaintiff, in the regular course of its business? 24 . Does Plaintiff maintain a _______________ ? 25 . Is the _______________ inquired about in the previous question standard for the entire United States? 26 . Is said _______________ standard for any area? If so, describe the area. 27 . Does Plaintiff _______________ each of its customers? - 13 - 28 . _______________ ? 29 . _______________ ? 30 . _______________ in the       County area of Minnesota? 31 . If your answer to the preceding question is affirmation, please state the basis upon which you know _______________ . 32 . _______________ ? 33 . If your answer to the preceding question is affirmative, please state whether you have in the files under your supervision and control any _______________ . 34 . If your answer to the preceding question is affirmative, please hand to the official transcribing this deposition each and every copy of such _______________ for marking as the Plaintiff's next consecutively numbered exhibit. 35 . For each such exhibit which was marked under the preceding question, please state the procedure by which _______________ . 36 . Please state whether such memorandum or credit memo was prepared by an employee of Plaintiff. 37 . Was such _______________ prepared by an employee who had personal knowledge of the transaction reflected in such credit memo? - 14 - 38 . Was each such exhibit prepared at or about the time of the transaction in question? 39 . Was each such exhibit maintained as a permanent record of Plaintiff in the regular course of its business? 40 . What is the procedure in regard to _______________ ? 41 . _______________ ? 42 . Do the documents which have been previously marked as Plaintiff's exhibits, consisting of the _______________ , comprise your entire file relating to _______________ in connection with the account of Defendant? 43 . Do you have under your supervision and control a _______________ of the Defendant with Plaintiff? 44 . If your answer to the preceding question is in the affirmative, please hand to the official transcribing this deposition the originals of this _______________ for Defendant for marking as the Plaintiff's next consecutively numbered exhibit. 45 . For such exhibit which was marked under the preceding question, please state the following: A. Was such exhibit prepared by an employee under your supervision and control? B. Were the entries made _______________ by an employee of Plaintiff with personal knowledge of the transaction reflected on such exhibit? - 15 - C. Was such exhibit maintained in the regular course of business for Plaintiff as a systematic record of its account with Defendant? D. Was such exhibit maintained as part of the permanent records of Plaintiff? 46 . Were any calls or other contacts made with Defendant _______________ ? A. If so, with whom did you communicate? 47 . If said contact was oral, and no memorandum or other instrument was made of such conversation, please state the substance of the conversation, who initiated the call or contact, and the date or dates thereof, and the parties thereto. 48 . If a memorandum or other instrument was made of any such conversation, please hand to the official transcribing this deposition the originals of said documents for marking as Plaintiff's next consecutively numbered exhibit. 49 . For each such exhibit which was marked under the preceding question, please state the following: A. Were such exhibits prepared by you or by an employee under your supervision and control? B. Were such exhibits prepared at or about the time of the occurrence of the event they purport to represent? C. Were said exhibits prepared by an employee of the Plaintiff, with personal knowledge of the occurrence of the event said exhibits purport to represent? D. Were such exhibits maintained in the regular course of business of the Plaintiff as a systematic record of transactions with the debtor? E. Were such exhibits maintained as part of the permanent records of the Plaintiff? - 16 - 50 . Has Plaintiff retained Attorney's Name to prosecute this suit to collect the debt made the basis of this lawsuit? 51 . Did Plaintiff agree to pay said law firm a reasonable fee for its services in prosecuting this suit for collection? 52 . Does the _______________ which has previously been marked reflect an indebtedness due and owing by Defendant to Plaintiff? 53 . If the answer to the preceding question is in the affirmative, please state the amount of such indebtedness. 54 . Are there any other credits, payments or offsets which should be applied to this statement of account within your knowledge? 55 . Is the entire balance as reflected on the statement of account which has previously been marked as Plaintiff's exhibit now due and owing? 56 . Have you ever personally dealt with the Defendant? 57 . Have you ever personally dealt with any agent or representative of the Defendant? 58 . If so, with whom did you deal? 59 . On what dates did said dealings occur? - 17 - 60 . Please state the dialogue, if there was any, between yourself and the person with whom you dealt, on each date as answered in preceding question. 61 . At any time, were you ever made aware of any complaint from the Defendant, or any of the Defendant's agents or representatives, as to said dealings? 62 . Did Defendant ever acknowledge the specific amount of the account in question as due and owing? A. If so, please describe fully any such statement by Defendant. B. If such statement was made in writing, please hand to the official transcribing this deposition the originals of said document for marking as Plaintiff's next consecutively numbered exhibit. - 18 -