Q: Deposition by non-party sent my mail.
What specific rules would be violated if ANSWERS by non-party deponent are sent by mail during discovery; IF
non-party deponent was given proper Notice of Deposition AND SUBP-010, AND even privacy notice SUBP-020 - to employee in question? Additionally, in this situation the deponent is required to respond with a Declaration or Affidavit.
A:
In this situation, the key issue is that deposition answers must follow specific procedures outlined by the rules of civil procedure. When a non-party is subpoenaed to provide testimony, the typical expectation is that the deposition occurs in person or via other agreed-upon means, such as video conferencing, unless otherwise stipulated by the parties. Simply sending answers by mail would not fulfill the formal requirements of a deposition, which generally involves oral testimony under oath.
The notice and proper forms (such as SUBP-010 and SUBP-020) might give the non-party deponent clear instructions on how to comply, but a deposition usually requires an opportunity for both parties to ask questions and seek clarifications in real-time. If the deponent only responds by mail, it denies the other party the opportunity to cross-examine, which is critical to the discovery process.
If a declaration or affidavit is required, that is a separate matter from a deposition. Written responses in the form of a declaration may suffice for certain discovery requests, but a deposition carries specific requirements, and violating those procedures could lead to objections or motions to compel the proper deposition process.
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