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Friday, January 22, 2021

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Hon. Marco A. Hernández, Chief Judge

Mary L. Moran, Clerk of Court

Local Rules of Civil Procedure

LR 30 - Depositions

(See Fed. R. Civ. P. 30)

LR 30-1 Depositions - Generally

(a) Not Filed With the Court (See LR 5-9)

Unless directed by the Court, deposition transcripts will not be filed with the Court. Instead, they will be maintained by counsel and made available to parties in accordance with Fed. R. Civ. P. 30(b). Deposition transcripts presented for filing without approval will be returned to the offering party.

(b) Use of Non-Filed Depositions

This rule does not preclude the use of deposition transcripts as exhibits or evidence in support of a motion, or for introduction and use at trial.

(c) Availability of Copies to Non-Parties

With leave of court during the pendency of a civil action, any person may obtain a copy of a deposition transcript not on file provided they:

  1. Serve notice of their request and proposed order on all parties;
  2. Receive approval; and
  3. Pay the cost for a copy of the deposition.

LR 30-2 Notice of Deposition

Except for good cause, counsel will not serve a notice of deposition until they have made a good faith effort to confer with all counsel regarding a mutually convenient date, time, and place for the deposition.

LR 30-3 Conduct of Counsel (See Fed. R. Civ. P. 30(c) and (d))

Counsel present at a deposition will not engage in any conduct that would not otherwise be allowed in the presence of a judge.

LR 30-4 Objections (See Fed. R. Civ. P. 30(c)(2))

There should be no argument in response to an objection or an instruction not to answer.

LR 30-5 Pending Questions

If a question is pending, it must be answered before a recess is taken unless the question involves a matter of privacy right, privilege, or an area protected by the constitution, statute, or work product.

LR 30-6 Motions Relating to Depositions (See Fed. R. Civ. P. 30(d)(3))

  1. If the parties have a dispute that may be resolved with assistance from the Court, or if unreasonable or bad faith deposition techniques are being used, the deposition may be suspended so that a motion may be made immediately and heard by an available judge, or the parties may hold a telephone conference pursuant to LR 16-2(c).
  2. Alternatively, a written motion relating to the deposition may be filed after a transcript is available.
  3. The Court may impose costs, including attorney fees, on any person responsible for unreasonable or bad faith deposition techniques or behavior.