In the lower district civil federal court, is a judge supposed to read the deposition?do they get given copy?

Asked about 1 year ago - Floral Park, NY

sdny court

Attorney answers (4)

  1. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . No. A deposition is used by attorneys in various ways throughout the case. Perhaps excerpts are produced for the judge in motions to dismiss or to decide the case. A judge is otherwise not going to get deposition transcripts and read through depositions.

    Good luck.

  2. Eric Edward Rothstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . No.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  3. Stuart Gregory Steingraber

    Contributor Level 18

    3

    Lawyers agree

    Answered . Have you asked your attorney how the judge came into possession of the deposition transcript? Excerpts from deposition testimony are often quoted by the proponent in various court papers, motions, and summary judgments.

  4. Joy M. Vega

    Contributor Level 5

    3

    Lawyers agree

    Answered . Information that is produced by the parties during discovery, including deposition transcripts, is not filed with the court as it happens. Typically federal judges only get copies of discovery materials, as discovery (as opposed to as an exhibit in support of a brief, or an exhibit at trial), if there is a dispute between the parties. Normally, discovery disputes happen when the requesting party thinks he/she is entitled to receive materials in discovery that the responding party does not want to produce. So, in summary, if you have taken a deposition, you do not automatically file a copy of the transcript with the judge.

    The information provided by Ms. Vega is general in nature and should not be relied upon as legal advice. Ms. Vega... more

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