Transcription of The Practitioner’s Guide to Properly Taking and Defending ...
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The Practitioner’s Guide to Properly Taking and Defending ...
9 WISE, (DO NOT DELETE) 8/1/16 11:47 AM The Practitioner s Guide to Properly Taking and Defending Depositions Under the Texas Discovery Rules Robert K. Wise* and Kennon L. Wooten** I. Depositions in General ..402 A. Who Can Be Deposed ..405 1. In General ..405 2. Attorneys ..406 3. Lack of Knowledge ..410 4. Apex Depositions ..412 5. Depositions of Organizations ( , Representative Depositions) ..416 a. The Representative Deposition Notice ..419 i. The Organization Is Not Required to Produce a Specific Individual as Its Representative or an Individual With the Most Knowledge About the Notice s Subject Matters or Even One With Personal Knowledge About Them ..420 ii. Reasonable Particularity ..424 iii. The Noticing Party Generally Can Question an Organization s Representative about Matters for Which the Representative was not Designated and About Matters Outside the Deposition Notice s Scope.
witnesses who might be unavailable for trial, and establishing facts needed for settlement or pretrial motions (e.g., summary judgment motions).5 3Luangisa v. Interface Operations, No. 2:11 -cv00951RCJCWH, 2011 U.S. Dist. LEXIS 139700, at *17 (D. Nev. Dec. 5, 2011) (“Statistics show that fewer and fewer civil cases proceed
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