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Friday, September 02, 2005

Taking Out of State Depositions

This article lists the steps you should take to schedule a deposition in a different state:

1. Will the witness volutarily appear for the deposition?
2. If the case is in Federal Court, a subpeona can be served within 100 miles (as the crow flies) of the courthouse or within 100 miles of the site of the deposition meaning it can be taken anywhere in the United States. See Fed Rule of Civ Proc 45(b)(2).
3. Find out if the individual you want to depose is in a state that has a court rule like MCR 2.305(E) that permits depositions to be taken of residents of Michigan when an action is pending in another state.
4. You may need letters rogatory or a commission from state court to provide to the state court where the witness is located.


For more information, please copy and paste the following address for an article published in the Utah Bar Journal: http://www.utahbar.org/sections/litigation/html/how_to_take_an_out-of-state_de.html. Another good source of information on the topic is located at the following address: http://www.abanet.org/yld/litigation/lit101pdf/Wilkins.pdf.

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