v. O'Malley, 888 S.W.2d 760, 761 (Mo.App.1994)). Knowledge of all lease agreements, employment agreements, independent contractor agreements, or any other agreements between Defendant Jones Supply and Defendant Rolfes. A designated representative who gives testimony under Illinois Supreme Court Rule 206(a) may not be contradicted by any other corporate representative at trial. Please try again. @"J|/T3002pcM?}j&vkif ~ 13@,xH320Y{8~8#@ G%>
FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Knowledge of a copy of the registration and title to the vehicle involved in this occurrence. The corporation, in turn, "shall designate one or more officers, directors, or Relator asserts that the writ should be made peremptory because the circuit court misapplied Rule 57.03(b)(4) by not requiring Defendant to produce a corporate representative to testify regarding facts that are known or reasonably available to Defendant. New Orleans,
. Corinne Reif (Relator) filed a wrongful death action against Missouri Baptist Medical Center (Defendant). State ex rel. HW]o6}03")PXtK]>{`dV'>~,+h4%so\-n!o]/`vF/K\w*mnW@V
7U$` l?nB\j5GWkH/Pz ,%$J!$dSAf_}Hi gHYgHrs>IRP nyHDYzFU~Y$D*OS&[QA Penn Mutual, 2011 WL 13228574 at *4. This request specifically includes each out of service report or violation concerning each leased power unit or trailer utilized, maintained, or controlled by this defendant from the year prior to the collision through the present. The rule which comes closest, and upon which the foregoing argument principally relies, is Rule 30(B)(6) of the Federal Rules of Civil Procedure and similar state rules. The last case I referred to them settled for $1.2 million. Stay up-to-date with how the law affects your life. Knowledge of all road or test cards, medical cards, DOT physical examination log forms, motor carrier certification of driver qualification cards and any other motor carrier transportation-related cards in the possession of the Defendant Rolfes regardless of card issuance date or origin. Knowledge of all disciplinary action contemplated or taken against Defendant Dughly involving the operation of the motor vehicle he was operating at the time of the collision. Further, Rule 32(a)(3) specifically grants a party the right to use for any purpose the deposition of either (1) the companys officer, director or managing agent or (2) the representative designated by the company pursuant to Rule 30(B)(6). In a recent decision, a Florida appellate court discussed why we have rules allowing for corporate entities to designate corporate representatives to speak for them, and the implications of failing to utilize the designated procedures properly. Knowledge of all memoranda, policies, procedures or correspondence given or sent to Defendant Rolfes about the falsification of records during their engagements with Jones Supply. F : (504) 569-2999, Energy Centre, 1100 Poydras Street, 30th Floor,
If the representative can state simply that he or she has no personal knowledge of the matter, then a party engaged in litigation against a corporation would be placed at a significant disadvantage, subject to deposition by the corporate defendant but left with little access to what knowledge could be imputed to the corporation. See Lebron v. Royal Caribbean, 16-24687-CIV (S.D. Knowledge of the company safety rules or its equivalent for Defendant Rolfes that were in effect on August 27, 2020, and for 3 years prior. Knowledge of all training or instructional videotapes, CDs or DVDs used by any Defendant Jones Supply in its training any of its drivers at any time during the five years before the occurrence. Knowledge of any photograph, film, videotape, moving pictures, electronic image or recording, or any audiotape which depicts or contains the image of the tractor or trailer at the scene of the incident, or any time after (you may exclude from your response hereto any item which you have produced in response to any previous request herein). A deposition lawfully taken and, if required, filed in any federal- or state-court action may be used in a later action involving the same subject matter between the same parties, or their representatives or successors in interest, to the same extent as if taken in the later action. 16 A. R. S. R. Civ. : NOTICE OF VIDEOTAPED DEPOSITION OF CORPORATE REPRESENTATIVE FOR Jones Supply COMPANY, LP. Under the Federal Rules of Civil Procedure, the sequestration rule does not apply to pretrial depositions absent a special order, Fed. b`Sk>482?m``vMjmx@!f732 WpH3-00%iF ~
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Knowledge of any and all documents relating to any investigation performed by Defendant Jones Supply concerning Defendant Rolfes's safety rating, safety fitness, Federal Motor Carrier Safety Administration's safety measurement system, behavioral analyst and safety improvement categories (BASICs), including unsafe driving, hours of service compliance, driver fitness, controlled substances/alcohol, vehicle accidents, list of crashes, roadside inspections and commercial vehicle violations prior to the date of the subject collision. hYrF}WLa
fp,+rD. This request specifically includes each out of service report or violation concerning each leased power unit or trailer utilized, maintained, or controlled by this defendant from the year prior to the collision through the present. The rule provides that the corporate representative shall testify as to matters known or reasonably available to the organization. Rule 53.07(b)(4)'s plain language does not contain any provision permitting the representative to avoid testimony on the identified topics by stating that he or she has no personal knowledge of the subject matter. These facts, even if discovered solely through the company's . 0000003586 00000 n
When a company is noticed for a deposition, it has a duty to prepare its witnesses to fully and unevasively answer questions about the designated subject matters. 48 These amendments redefined the scope of discovery and imposed new limits on written interrogatories 50 and requests for admissions. I am so grateful that I was lucky to pick Miller & Zois. Knowledge of any compensation from Jones Supply to Rolfes, including any bonuses and/or discounts on Jones Supply products. xb```b``)f`a``scg@ ~+s`X1'e5zUY3X,2 Knowledge of any agreement or requirement to place the Jones Supply logo on the tractor or trailer involved in this incident. 0000008677 00000 n
SKU: LIT6400. Knowledge of any documentation evidencing the completion or non-completion of training programs, safe driving programs, and driver orientation programs by Defendant Rolfes for Defendant Jones Supply. Rule 30(b)(1) directs that the party noticing the deposition state the time and location for the examination, . The rule has two basic requirements. xbbb`b``I j
Federal Rule of Civil Procedure ("FRCP") 30 (b) (6) governs the depositions of organizations, including corporations, partnerships, associations, and governmental agencies. In sum, the court stated that the deponents inability to answer all of Plaintiff's Counsels questions was primarily due to the vague and broad descriptions for the areas of inquiry, coupled with the Plaintiff's unreasonable expectation that the witness should have been able to provide detailed answers to questions that were only tangentially related to the claims and defenses raised by the Parties.. Companies may not realize, though, that the preparation must include not only facts known to the company, but also facts known uniquely by the company's attorney. Knowledge of any vehicle inspection report for the tractor or the trailer made by any person, company or agency during the five years before the incident and including the date of the incident. Before you start frantically collecting decades-old records from the nurses station for the witness to memorize, take a moment to review the relevant statute and recent case law. Corporations and other entities have unique obligations regarding the depositions of corporate designees pursuant to Federal Rule of Civil Procedure 30(b)(6) and its state cognate, Pennsylvania Rule of Civil Procedure 4007.1(e). a prior corporate representative deposition transcript and offer that in lieu of an actual deposition. Fl. xd|dxh)G_X;oFs$0U{Ul~D,#p8F. Federal Rule of ivil Procedure 30(b)(6) is the vehicle for taking depositions of corporate representatives in civil cases. Arnette maintained that Eberwein's knowledge of The first deposition topic was Defendant's knowledge of decedent, Irwin Reif's fall on February 2, 2001. The third deposition topic was [t]he reason and/or basis for the presence of the electrical plug and/or electrical plug box on the aisle floor of the premises at the time of plaintiff's fall on February 2, 2001.. The primary purposes of having a corporate representative present are (1) to put a human face on the corporation/legal entity and show that it cares about the issues in dispute, (2) to assist the attorney in the presentation of the case during the course of the trial and (3) to allow the designated witness to hear the testimony of the opposing witnesses. 9 in compliance with Rule 4:9 for the production of documents and tangible things at the taking of the deposition. info@spsr-law.com
B. Initially, trial judges have great discretion in controlling litigation. 0000001100 00000 n
R. Civ. Under this rule, by notice an opposing corporation, partnership or association or by subpoena a third party must disclose and present a witness to testify on it's behalf on the subject of certain topics listed in the deposition notice/subpoena. 0000000016 00000 n
0000007631 00000 n
That deposition notice must set forth the areas of inquiry with enough specificity so the other party can reasonably designate and prepare the appropriate person (s) to testify. While this reasoning has some intuitive appeal, there is no rule which specifically supports it. Because a deposition is sworn testimony, it can be used to prove perjury if a witness tries to change his or her testimony at trial. Knowledge of any and all documents regarding any loads transported by Defendant Rolfes and Dughly at the request of Defendant Jones Supply prior to the subject collision. Now what? Knowledge of all safety ratings issued to Defendant Rolfes by any federal government agency for the five years preceding the incident. Knowledge of the entire file for Defendant Rolfes. /content/aba-cms-dotorg/en/groups/litigation/committees/pretrial-practice-discovery/practice/2018/adequately-preparing-a-corporate-representative-for-deposition. Knowledge of all documents reflecting the repair history for the truck and trailer involved in the occurrence. P. 30(b)(6). Rule 57.03(b)(4) provides that a party may name a corporation, agency or other organization as the deponent. If the individual has knowledge of some areas, then the questioning should be limited to those areas. Corporate representative witnesses shall be deposed where their principal office Knowledge of all unofficial logs of Defendant Dughly for the thirty days leading up to the incident involving Plaintiff and for thirty days after the incident maintained pursuant to. 1. Wright and Miller's Federal Practice and Procedure suggests that corporate answers, in a Rule 30(b)(6) deposition are binding on it.14 Of course, the testimony of the representative who speaks for the corporation is certainly admissible, however the question of whether or not it forecloses other and potentially contrary testimony is not . One purpose of Rule 57.03 (b) (4) is to permit a party to take the deposition of an opposing corporation's representative at a time when the party taking the deposition knows that the statements made by the witness on the identified topics will be admissible against and binding on the corporate party. Knowledge of the entire driver investigation history file or its equivalent for Defendant Dughly maintained pursuant to 49 CFR 391.53 and preserved pursuant to 49 CFR 379 (including Appendix A, Note A). Doc. 0000001433 00000 n
The issue in this writ proceeding is whether a corporate representative designated for deposition pursuant to Rule 57.03 (b) (4) can limit his or her deposition testimony to personal knowledge instead of testifying about facts that are known or reasonably available to the organization. (C) The use is allowed by Rule 32(a)(2) through (8). 370, 373-75 (D.D.C. 8. Knowledge of the company safety rules or its equivalent issued to Defendant Rolfes and Dughly by Jones Supply that were in effect on August 27, 2020, and for 1 year prior. Knowledge of each out of service report or violation concerning the tractor or trailer involved in this incident from the year prior to the collision through the present, to include copies of any supplements, responses, or amendment to the same. C. Motion to Compel Designation of Rule 30(b)(6) Designee (ECF No. Knowledge of any recorded statement, or any other statement, made by any Plaintiff to Defendants or its servants, agents, employees, contractors, investigators, or liability insurance carriers. testify 'vicariously' at trial, as distinguished from at the Rule 30(b) (6) deposition, if the corporation makes the witness available at trial, he should not be able to refuse to testify to matters as to which he testified at the deposition on grounds that he had only corporate knowledge of the issues, not personal knowledge."8 With Next . In this case, Defendant identified several of its employees who witnessed decedent's fall. Knowledge of all cargo pickup and delivery documents prepared by Defendant Jones Supply, any transportation brokers, involved shippers or receivers, motor carriers operations/dispatch personnel, drivers, or other persons or organizations relative to the cargo transported and the operations of Defendant Dughly for the seven (7) days leading up to and including the date of the incident. P., Rule 30(b)(4). P. 1.310 (b) (6) and begin your discovery voyage. In doing so, the court relied on three key principles: (1) Rule 30(b)(6) does not require a corporate representative to provide testimony regarding information that the corporation does not have, but rather requires an organization to testify about information known or reasonably available to the organization; (2) Rule 30(b)(6) does not require a deponent to testify with computer-like detail as to unreasonably broad topics; and (3) Rule 30(b)(6), pursuant to Federal Rule of Civil Procedure 26, does not require a deponent to be prepared to testify to matters that are not relevant to any party's claim or defense. The principle underlying this argument is that only the corporation has the authority to designate particular representatives to speak on its behalf and bind it with respect to particular subject areas. 0000002399 00000 n
Knowledge of the policies or procedures provided by Jones Supply to Rolfes, regarding safety, motor vehicle safety, travel policy, sleep and rest requirements, vehicle inspection, driver standards and hiring requirements that were in effect at the time of the incident, including, but not limited to driver safety manuals, driver safety operating procedures, driver safety training manuals/procedures/guidelines. Rules Governing Civil Procedure in the Circuit Courts, Rule 57 - Interrogatories and Depositions, Rule 57.02 - Depositions Before Action or Pending Appeal, Rule 57.03 - Depositions Upon Oral Examination, Rule 57.04 - Depositions upon Written Questions, Rule 57.05 - Persons Before Whom Depositions May Be Taken, Rule 57.06 - Presiding Officer for Deposition, Rule 57.07 - Use of Depositions in Court Proceedings, Rule 57.08 - Depositions for Use in Foreign Jurisdictions, Rule 57.09 - Subpoena for Taking Deposition. Knowledge of all documents reflecting any background check performed on Defendant Dughly with regard to his criminal history. The circuit court erroneously overruled relator's motion to compel production of a substitute corporate representative. banc 1994). They quite literally worked as hard as if not harder than the doctors to save our lives. P :
246) Plaintiffs requested a telephone conference with the Court to discuss whether Defendant Washington University should be allowed to not designate a representative to discuss three topics A writ of prohibition [or] mandamus is the proper remedy for curing discovery rulings that exceed a court's jurisdiction or constitute an abuse of the court's discretion. State ex rel. Rule 11-f of the Commercial Division, which took effect in October 2015, changes the manner in which litigants conduct depositions of corporations and other entities in Commercial Division cases . Relator alleged that her husband die d as a result of injuries sustained when he tripped over an unmarked electrical box located on the floor of a rehabilitation facility owned by Defendant. STATE ex rel. 0000003864 00000 n
The purpose of deposing a corporate representative is not to uncover the representative's personal knowledge or recollection of the events at issue. 0000002469 00000 n
Rule 32, thus, suggests that perhaps the corporations right to decide which particular individuals will testify on its behalf is not absolute. Knowledge of any compensation from Jones Supply to Defendant Dughly (or any other Rolfes driver), including any bonuses and/or discounts on Jones Supply products. Knowledge of any primary, umbrella, and excess insurance policy, or agreement, including the declarations page, for Defendant Rolfes, Defendant Dughly, and Defendant Jones Supply, which was in effect at the time of this incident. Knowledge of every federal, state, county, municipal, insurer and/or internal motor carrier collision report or other collision reports concerning all collisions in which Defendant Rolfes (or one of Rolfes's drivers) has been involved, including the collision at issue in this cause and all collisions prior to the collision at issue in this cause, pursuant to Federal Motor Carrier Safety Regulation 390.15(b)(1) and 390.1 5(b)(2). The issue in this writ proceeding is whether a corporate representative designated for deposition pursuant to Rule 57.03(b)(4) can limit his or her deposition testimony to personal knowledge instead of testifying about facts that are known or reasonably available to the organization. This specifically includes all the driver daily vehicle inspection reports (DVIRs), maintenance files and records maintained by any other person(s) or organization(s) that are in the possession of Defendant Rolfes. %PDF-1.4
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Because the person designated as the corporate representative is exempt from the sequestration of witnesses, it is frequently tempting to designate an important witness as the corporate representative to allow him or her to listen to the testimony of the plaintiffs witnesses. In the case of Representative Deposition, which states that upon notice or subpoena by an opposing corporation, partnership or association, a third party must disclose and present a witness to testify on behalf of those subjects listed . Federal Rule of Evidence 615 does state that witnesses must be excluded at a party's request, but according to Rule 30(c) of the Federal Rules of Civil Procedure, "[t]he examination and cross . 3d , 2013 WL 1136399, 38 [] Knowledge of all records of Defendant Dughly for the 7 days prior to the incident and for the day of the incident. Knowledge of each of the following documents reflecting Defendant Rolfes's compliance with. [O7w7>v%,\t+&8cChXtQBIyBx86peQ%e! Many states also have similar rules providing a mechanism for deposing a corporation or other company (504) 569-2030
Knowledge of all maintenance files and records from at least one year prior to accident maintained by Defendant Rolfes in accordance 49 CFR 396 on the truck tractor involved in the accident inclusive of any inspections, repairs or maintenance done to the tractor tractor. Knowledge of any and all documents setting forth any policies, procedures, guidelines, recommendations or directives regarding driver conduct, driver safety, driver hiring, subcontractor hiring, commercial carrier hiring, discipline or firing prepared or used by Defendant Jones Supply during the five (5) year period prior to the subject incident and through the present date, together with all amendments, revisions or supplements thereto. Knowledge of each out of service report or violation concerning any tractor or trailer in the possession of Defendant Rolfes for 5 years prior to the collision through the present, to include copies of any supplements, responses, or amendment to the same. A deposition is a powerful litigation tool for several reasons. Copyright 2018, American Bar Association. Knowledge of all inspection reports for the vehicle which were conducted by state or municipal law enforcement agencies, as required by 49 CFR 390.30, or any state or municipal statutes or ordinances from for a period of five years leading up to the incident. Discovery has closed. 0
Chassaing v. Mummert, 887 S.W.2d 573, 576 (Mo. Knowledge of all receipts for fuel for the tractor involved in this incident for the 12 months prior to the incident. At issue in this case are the first and third deposition topics. Introductory Questions. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The email address cannot be subscribed. [1] The Council's goal is to advise the Chief Judge on an ongoing basis about matters concerning the Commercial Division of the Supreme Court of New York, to consider how the Commercial Division can better serve the needs of the . In that case, the plaintiffs Rule 30(b)(6) notice listed 41 broad areas of inquiry. Knowledge of all driver call-in records, notes, logs or e-mail indicating communications between Defendant Jones Supply and Defendant Dughly for the seven days prior to the incident and on the date of the incident. 1999); Crimm v. Missouri Pac. Arizona Arizona follows the majority and codifies remote depositions by telephone or other remote means are permissible when the parties agree or by court order. The deposition will be recorded via stenographic, audio, and/or videotaped means for the purpose of discovery and/or used as evidence and/or any other purposes permitted by the Maryland Rules of Civil Procedure, including use at trial, and will continue day to day until completed. 0000024346 00000 n
Introductory questions serve two purposes. Energy Centre, 1100 Poydras Street, 30th Floor. After all, if the plaintiff merely intends to ask a series of questions about which the individual has no knowledge, then the evidence is irrelevant in all probability or, at a minimum, unfairly prejudicial to the defendant corporation. Knowledge of any documentation evidencing the completion or non-completion of training programs, safe driving programs, and driver orientation programs by Defendant Dughly for Defendant Rolfes. Defendant also argues that the circuit court properly overruled the motion to compel because the deposition topics included information subject to the attorney-client privilege and the work product doctrine. Based on these rules, the defendant can argue that before the plaintiff is allowed to call to the stand as an adverse witness a person designated as a company representative for appearance purposes only, the court should inquire into the plaintiffs areas of examination. During discovery, plaintiffs notice a Rule 30 (b) (6) deposition of your client's representative, but elect to forgo the deposition in exchange for negligible admissions filed by your client. trailer
Knowledge of all policies or procedures of Defendant Rolfes relating to accident or injury investigation or reporting that were in effect on the date of the incident, and include blank copies of any documents that are required to be completed after an accident or injury. This Court issued an alternative writ of mandamus. Nonetheless, the corporate representative testified that she had no personal knowledge of decedent's fall or the presence of the electrical box. Rule 57.03 - Depositions Upon Oral Examination (a) When Depositions May Be Taken (1) After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination without leave of court, except as specified in paragraph (2) of this subdivision. IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND. So, the next time you receive a deposition notice pursuant to Rule 30(b)(6), before preparing your witness, be sure to ask yourself whether the designated areas of inquiry are reasonable both in scope and description. P. 199.2(b)(1) (setting the requirements for deposing an organization). Knowledge of each Defendant Jones Supply employee who investigated Defendant Rolfes's fitness to haul on behalf of Jones Supply prior to the date of the subject collision (this includes the initial investigation and any subsequent investigations, whether annually, bi-annually, etc.). Under the new rule, the burden is on the party opposing the deposition to persuade the court that the officer subject to a deposition notice is high-level and, thus, protected by a deposition under the circumstances set forth in Rule 1.280(h). In any contested case before an agency created by the constitution or state statute, any party may take and use depositions in the same manner, upon and under the same conditions, and upon the same notice, as is or may hereafter be provided for with respect to the taking and using of depositions in civil actions in the circuit court; provided, All documentation defining Rolfes's "safety rating"; All documentation Rolfes received in the course of any onsite examination of motor carrier operations, including Defendant Rolfes's operations. Knowledge of all DOT inspection reports filed for Defendant Rolfes for the year of this incident and five years prior. For any depositions conducted pursuant to Rule 30(b)(6), . Knowledge of all cargo transported freight bills, Pros or otherwise described similar documents inclusive of all signed or unsigned cargo pickup and delivery copies that indicate the date and/or time of pick up or delivery of cargo by Defendant Dughly or his/her co-driver(s) on the date of the incident. Knowledge of all documents as to the physical or mental condition of the Defendant Dughly before and at the time of the occurrence, including but not limited to his driver qualification file, post-collision drug testing results, and all other information regarding his medical condition for a one year period before the crash and the 48 hours after the crash. Plank v. Koehr, 831 S.W.2d 926, 928 (Mo. The procedure of Rule 4:9 shall apply to the request. 0000008699 00000 n
A. The circuit court abused its discretion by overruling Relator's motion to compel production of a substitute corporate representative prepared to testify regarding Defendant's organizational knowledge of the identified deposition topics.1 The alternative writ of mandamus is made peremptory. Rule 611 of the Federal Rules of Evidence instructs the court to exercise control over the manner and order of presenting witnesses in order to avoid needless waste of time and protect witnesses from harassment or undue embarrassment. Assuming the representative designated for appearance purposes is covered by the witness list, it could nonetheless be argued that allowing the plaintiff to call the representative as an adverse witness would effectively allow the plaintiff to designate the corporations representative on the particular subjects about which the representative is questioned. The case settled and I got a lot more money than I expected. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Such a person is typically designated as the corporate representative for appearance purposes only. Such depositions have a number of distinct characteristics and contain traps for the unwary. Corinne REIF, Relator, v. The Honorable Michael T. JAMISON, Respondent. Taking of depositions; corporate officers. Rule 57.06 - Presiding Officer for Deposition. Particularly if the designated representative had little or no involvement in the events underlying the litigation, the corporations attorney should be prepared to fight any attempt to call the designated representative as an adverse witness, at least in his or her capacity as a corporate representative, by insisting that the designated person not be allowed to be called unless specifically identified on a witness list and, if the person is so identified, relying on arguments of relevance and unfair prejudice. Learn more about FindLaws newsletters, including our terms of use and privacy policy. In . Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. applied the Federal Rules of Evidence (FRE) to deposition proceedings. Knowledge of any and all state safety audits and/or state roadside inspections for Defendant Rolfes for the year of this incident and five years prior. International registration plan receipts; International fuel tax agreement receipts; Commercial Vehicle Safety Alliance reports; Overweight/oversize reports and citations; And/or other documents directly related to the motor carrier's operation which are retained by the motor carrier in connection with the operation of its transportation business. Knowledge of each annual review of Defendant Rolfes's safety and fitness to haul on behalf of Defendant Jones Supply. If the order terminates the The entity's adversary has few obligations in noticing the deposition of a corporate designee. Knowledge of any and all incident, accident, or injury reports related to the incident that were prepared by Defendant Dughly, or by any employee, owner, or agent of Defendant Rolfes (prepared prior to any litigation). 0000004581 00000 n
Plaintiff has now identified only one individual to serve as the corporate representative; the parties have agreed to schedule her deposition for November 15, 2016. Or reasonably available to the incident imposed new limits on written interrogatories 50 and for. The sequestration Rule does not apply to the request the following documents reflecting background! And five years prior years prior O'Malley, 888 S.W.2d 760, 761 Mo.App.1994. The the entity & # x27 ; s adversary has few obligations in the. To his criminal history sequestration Rule does not apply to pretrial depositions absent a special,. Defendant Jones Supply products and requests for admissions v. Royal Caribbean, 16-24687-CIV (.... Purposes only reflecting the repair history for the truck and trailer involved in this occurrence allowed by Rule 32 a! ) provides that the party noticing the deposition of a copy of following... 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