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Saturday, January 21, 2006

Rule 30 of the Tennessee Rules of Civil Procedure: It's Important!

When was the last time you read Rule 30 of the Tennessee Rules of Civil Procedure -- including the Advisory Commission Comments? There is some good stuff in there, namely: (1) in addition to the notice of an audio-visual deposition, a subpoena to attend an audio-visual deposition must also state that it is for an audio-visual deposition (some of us, myself included, though that only the notice to the deposition was required to state that the deposition would be recorded audio-visually); and (2) instructions not to an answer by opposing counsel are unethical -- and sanctionable.

There are two cases cited in the Advisory Commission Comments to Rule 30.03 that are worth reading, to wit: First Tennessee Bank v. FDIC, 108 F.R.D. 640 (E.D. Tenn. 1985); Hall v. Clifton Precision, 150 F.R.D. 525 (E.D. Pa. 1993).

Here's the link to the Tennessee Rules of Civil Procedure (you will have to Google this link):

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