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On The Record
Judge Gerald A. Williams explains civil depositions. A READER of 85086 Magazine asked some great questions concerning depositions. Specifically, he wanted to know their purpose, who was present, who asked the questions, and what happened if litigants did not cooperate. Although no judge is present, a deposition is an on-the-record witness interview that is used to obtain information that is relevant to a lawsuit. You don’t have to be a party to the lawsuit as either the plaintiff or the defendant in order to be asked questions during a deposition. If you’re a party to the case, the person asking you the questions will be the other side’s lawyer. Depositions are governed in large part by Arizona Rule of Civil Procedure 30 and by Justice Court Rule of Civil Procedure 123. Depositions had been limited to a total of four hours. However, those rules are changing. On Aug. 31, 2017, the Supreme Court of Arizona issued a new set of rules for civil procedure. These new rules become effective on July 1, 2018. The new rules assign different standards depending upon the
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complexity of the case. For example, an automobile accident is probably a comparatively simple case (tier one) because its trial would only take a day or two. In contrast, a multiparty products liability case claiming over $300,000 in damages (tier three) could take much longer. Under the new rules, there are cumulative time limits on depositions. Each side in a tier one case is permitted five total hours of fact witness deposition time. Tier two cases get 15 total hours and tier three cases get 30 total hours. If a party either refuses to appear or refuses to answer questions, the lawyer for the other side will likely seek a court order requiring them to do so by filing a motion to compel. Failure to obey can be treated as contempt of court. Other possible sanctions include being required to pay for the expenses associated with any delay (including the other side’s attorney’s fees) and limiting the evidence that can be offered at trial. Sometimes a deposition can narrow the issues in a case because after both sides have been deposed, it may become clear
that only two or three things are actually be disputed. The information obtained during depositions can also be used as a basis for a motion for summary judgment. A witness can be asked almost anything at a deposition. The rules of evidence don’t apply and it is not a valid objection that the answer to the question would not be admissible at a trial. Information sought during a deposition does not need to be admissible to be discoverable. It just has to have the possibility of leading to something that could be admissible.
JUDGE GERALD A. WILLIAMS The justice of the peace for the North Valley Justice Court. The court’s jurisdiction includes Anthem and Desert Hills.