Anderson v. Domino's Pizza, Inc. et al
Filing
17
ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge Ronald B. Leighton. (DN)
UNITED STATES DISTRICT COURT
FOR THE United States District Court for the Western District of Washington
Carolyn Anderson
Plaintiff,
v.
Case No.: 2:11−cv−00902−RBL
Judge Ronald B. Leighton
Domino's Pizza, Inc., et al.
Defendant.
MINUTE ORDER REGARDING DISCOVERY AND DEPOSITIONS
IT IS ORDERED that:
1. DISCOVERY. All discovery matters should be resolved by agreement if possible.
If a ruling is needed on any discovery question, and counsel wish to avoid the time and
expense of a written motion, they may place a joint call to chambers at (253) 882−3840,
requesting a conference call with the staff attorney assigned to the case to determine
whether it is appropriate to obtain an expedited ruling through a telephone conference call.
The conduct of the parties in pre−trial matters should be guided by the provisions of the
Code of Pre−Trial Conduct published by the American College of Trial Lawyers which can
be found at www.actl.com (Publications).
2. DEPOSITIONS. Depositions will be conducted in compliance with the following
rules:
(a) Examination. If there are multiple parties, each side should ordinarily
designate one attorney to conduct the main examination of the deponent, and
any questioning by other counsel on that side should be limited to matters not
previously covered.
(b) Objections. The only objections that should be raised at the
deposition are those involving a privilege against disclosure, or some matter
that may be remedied if presented at the time (such as the form of the question
or the responsiveness of the answer), or that the question seeks information
beyond the scope of discovery. Objections on other grounds are unnecessary
and should be avoided. All objections should be concise and must not suggest
answers to, or otherwise coach, the deponent. Argumentative interruptions
will not be permitted.
(c) Directions Not to Answer. Directions to the deponent not to answer
are improper. Advice not to answer may be appropriate on the ground of
privilege or to enable a party or deponent to present a motion to the court or
special master for termination of the deposition on the ground that it is being
conducted in bad faith or in such a manner as unreasonably to annoy,
embarrass or oppress the party or the deponent, or for appropriate limitations
upon the scope of the deposition (e.g., on the ground that the line or inquiry is
not relevant nor reasonably calculated to lead to the discovery of admissible
MINUTE ORDER REGARDING DISCOVERY AND DEPOSITIONS − Page 1
evidence). When a privilege is claimed, the witness should nevertheless
answer questions relevant to the existence, extent or waiver of the privilege,
such as the date of the communication, who made the statement in question,
to whom and in whose presence the statement was made, other persons to
whom the contents of the statement have been disclosed, and the general
subject matter of the statement.
(d) Responsiveness. Witnesses will be expected to answer all questions
directly and without evasion, to the extent of their testimonial knowledge,
unless they choose to follow the advice of counsel not to answer.
(e) Private Consultation. Private conferences between deponents and
their attorneys during the actual taking of the deposition are improper, except
for the purpose of determining whether a privilege should be asserted. Unless
prohibited by the court for good cause shown, such conferences may,
however, be held during normal recesses and adjournments.
(f) Conduct of Examining Counsel. Examining counsel will refrain
from asking questions he or she knows to be beyond the legitimate scope of
discovery, and from undue repetition.
(g) Courtroom Standard. All counsel and parties should conduct
themselves in depositions with the same courtesy and respect for the rules that
are required in the courtroom during trial.
3. RESPONSIBILITY OF PLAINTIFF'S COUNSEL. This order is issued at the
outset of the case, and a copy is delivered by the clerk to counsel for plaintiff. Plaintiff's
counsel (or plaintiff, if pro se) is directed to deliver a copy of this order to each other party
within ten (10) days after receiving notice of that party's appearance.
DATED: August 1, 2011
The foregoing Minute Order entered by Debbie Nelson, Judicial Assistant, BY THE
DIRECTION OF THE HONORABLE RONALD B. LEIGHTON, UNITED STATES
DISTRICT JUDGE.
MINUTE ORDER REGARDING DISCOVERY AND DEPOSITIONS − Page 2
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