Q: Deposition by non-party by mail.
I did not ask about oral depositions.
What statute forbids written depositions without oral in person?
A:
Written depositions, as opposed to oral depositions, are allowed under the Federal Rules of Civil Procedure, specifically Rule 31, which outlines the process for depositions by written questions. This rule allows you to send written questions to a non-party witness, and their responses can be recorded without the need for an in-person oral deposition. However, the party seeking the deposition must still follow formal procedures, including notifying other parties and arranging for an officer to record the testimony under oath.
While there is no specific statute that forbids written depositions without oral in-person questioning, it's important to check the rules of your specific jurisdiction. Some state or local rules may have additional requirements or restrictions on depositions by written questions. Federal courts generally permit this method, but it’s less common in practice because oral depositions often allow for more thorough cross-examination.
If you're considering a written deposition by mail, make sure to review the relevant rules for your case. This includes consulting local court rules or seeking advice on proper procedures, as it’s crucial to ensure compliance with all legal requirements.
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