The Proper Location of Party-Depositions Under the Federal Rules of Civil Procedure

23 Mem. St. U. L. Rev. 763, 1993

10 Pages Posted: 15 Jun 2016

See all articles by Jeffrey Kinsler

Jeffrey Kinsler

Belmont University - College of Law

Date Written: 1993

Abstract

Federal Rules of Civil Procedure provide numerous mechanisms for noticing and conducting party-depositions, but they are silent about location. Determining the proper location of party-depositions requires a foray into a confusing, and sometimes inconsistent, line of case law. For instance, some courts hold that the proper location to depose a corporate representative is the judicial district in which the corporation maintains its principal place of business, while others suggest that it is the district in which the suit is pending. This Article clarifies the law concerning the proper location of party-depositions and proposes a hard-and-fast rule for determining the appropriate location of all party-depositions. Section I examines the procedural guidelines to quash or modify a notice of deposition. Section II analyzes the cases attempting to delineate standards for ascertaining the proper location of party depositions. Lastly, Section III proposes an amendment to Rule 30 of the Federal Rules of Civil Procedure setting forth concrete standards for determining the proper location of party-depositions.

Keywords: Federal Rules of Civil Procedure, party-depositions, location, Rule 30

Suggested Citation

Kinsler, Jeffrey, The Proper Location of Party-Depositions Under the Federal Rules of Civil Procedure (1993). 23 Mem. St. U. L. Rev. 763, 1993. Available at SSRN: https://ssrn.com/abstract=2795180

Jeffrey Kinsler (Contact Author)

Belmont University - College of Law ( email )

1900 Belmont Boulevard
Nashville, TN 37212
United States

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