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Taken last, when the witness is already boxed in

Depositions — the Interrogations

A deposition is live sworn testimony before a court reporter. Attorneys commonly take them LAST — after admissions and documents have fixed what the witness can safely say — because a deposition before the paper exists is a fishing trip, and after it, a closing net.

For companies, the corporate-representative deposition binds the ENTITY: the topics are designated with reasonable particularity and the organization must produce someone prepared on each — 'I don't know' from a designee on a noticed topic is itself a compellable failure.

High-level officers get apex protection: courts generally require showing the executive has unique personal knowledge and that less intrusive discovery was exhausted first.

Conduct rules protect everyone in the room: instructions not to answer are generally proper only to protect privilege, enforce a court limit, or halt bad-faith examination — and abusive questioning can be suspended to seek a protective order.

Common questions

Can I take a deposition without a lawyer?

Generally yes — self-represented parties may notice and take depositions under the same rules. Costs are real (court reporter), which is commonly why the paper instruments come first.

How do I prepare to BE deposed?

The rules attorneys give clients: listen to the whole question, answer only what was asked, never guess ('I don't recall' is a complete answer when true), and ask to see any document you're questioned about.

What is a deposition on written questions?

The budget deposition: questions submitted in writing, answered under oath before an officer — commonly used to authenticate records from distant custodians without travel.

The governing text — verbatim, never paraphrased

This guide is editorial; the linked pages carry the verbatim, hash-pinned text with its verification state. When a guide and the rule text could ever differ, the rule text wins — that is the whole doctrine.

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