Subject: Request for Deposition — Discover— - [Case Name and Number] [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Opposing Party's Attorney Name] [Opposing Party's Attorney Firm Name] [Opposing Party's Attorney's Address] [City, State, ZIP Code] Dear [Opposing Party's Attorney's Name], RE: Request for Deposition — Discovery in the matter of [Case Name and Number] I hope this letter finds you well. I am writing to formally request your cooperation in scheduling a deposition for the purpose of discovery in connection with the above-mentioned case pending in [State and Court]. As you may be aware, depositions play a crucial role in obtaining relevant and material information to prepare our respective clients for the trial. Understanding the importance of a fair and just legal process, I am kindly seeking your cooperation to facilitate the following deposition(s): 1. GENERAL DISCOVERY DEPOSITION I request to depose [Name of the Deposition Witness], who I believe possesses information that is relevant and material to the claims and defenses in this case. The proposed deposition will be conducted in accordance with the applicable laws and rules of civil procedure, ensuring that both parties have an equal opportunity to obtain the necessary information for their respective cases. The deposition is planned to take place at a mutually agreed-upon location within the state of Hawaii. Alternatively, I am open to discussing other arrangements if you find it more convenient or necessary. 2. EXPERT WITNESS DISCOVERY DEPOSITION If applicable, I also request to depose any expert witnesses that you may present as part of your case. The deposition(s) will contribute to a comprehensive understanding of the expert's opinions, methodologies, qualifications, and any other factors that impact their credibility and relevance to the case. As with the general discovery deposition, I am open to discussing the logistics and details of scheduling to ensure a smooth and efficient process. To proceed with the deposition(s), I kindly request the following: 1. Provide the available dates and time slots within the next [reasonable timeframe, e.g., 30 days] that you or your client's representative would be available for the deposition(s). 2. Share the contact details of the individuals representing your client during the deposition(s). 3. Confirm whether any specific instructions or requests are necessary regarding the format or structure of the deposition(s). Please consider this letter as a good-faith effort to move forward with the discovery process and promote a cooperative and efficient litigation experience for both parties involved. I look forward to your prompt response and cooperation in scheduling these depositions at the earliest mutually convenient date. If you have any questions or concerns regarding this request, please feel free to contact me at [Your Phone Number] or [Your Email Address]. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Attorney Firm Name, if applicable] [Your Attorney Bar Number, if applicable]
Hawaii Sample Letter for Request for Deposition - Discovery
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What Is a Notice of Deposition? Witnesses are needed by a legal team to answer questions under oath pertaining to their knowledge relating to a lawsuit before the case is tried in the court. The law firm sends a document called a notice of deposition to the witness and all other parties involved in the lawsuit.
Motion to quash Before filing the motion, you must do two things: (1) serve written objections to the deposition notice; and (2) meet and confer with opposing counsel before filing the motion. If you file a motion to quash, the deposition is automatically stayed pending the court's ruling. (§ 2025.410(c).)
Deposition DON'Ts: Guess or speculate. ?I don't know? or ?I can't remember? is acceptable. Be anxious or stressed out. It will affect what you say and how you appear. Be defensive or angry. Never argue with the attorney. Offer information not requested. ... Talk too much or ramble. ... Talk too little. ... Be too extreme.
A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."
A party who wants to depose a person by oral questions must give reasonable written notice to every other party. The notice must state the time and place of the deposition and, if known, the deponent's name and address.
For example, Jill is suing Jack for bruises she sustained when Jack accidentally knocked her down a hill. Jill's attorney sent Jack a notice of deposition to be taken at Jill's attorney's office. Jill's attorney was there to ask questions, and Jack brought his attorney.
(A) Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...
