Paralegal Certification PrepLitigationMedium
During the discovery phase of a personal injury case, the plaintiff's attorney wants to obtain sworn testimony from a non-party witness who observed the accident. This witness is not expected to be uncooperative, but their testimony is crucial. Which discovery tool is most appropriate for obtaining this testimony?
- ARequest for Admissions
- BRequest for Production of Documents
- CInterrogatories
- DDeposition
Show answer & explanationAnswer & explanation
Correct answer: D. Deposition
A deposition is the most appropriate discovery tool for obtaining sworn testimony from a non-party witness. It allows for live questioning and cross-examination, preserving testimony for trial.
Why the other options are wrong
- A. Requests for Admissions ask a party to admit or deny specific facts, not to provide open-ended testimony.
- B. Requests for Production of Documents are used to obtain documents or tangible things, not oral testimony.
- C. Interrogatories are written questions submitted only to parties, not non-parties.
Deposition
A discovery device in which one party's attorney questions a witness under oath outside of court, with a court reporter present to record the testimony.
- Witnesses are sworn in.
- Testimony can be used at trial.
- Can be taken from parties or non-parties.
Memory trick: To get the full story, 'Depose' the witness and listen carefully.