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In today's practice, the litigation in the Court of Chancery consists largely of corporate matters, trusts, estates, and other fiduciary matters, disputes involving the purchase and sale of land, questions of title to real estate, and commercial and contractual matters in general.
One of the most common methods of discovery is to take depositions. A deposition is an out-of-court statement given under oath by any person involved in the case. It is to be used at trial or in preparation for trial. It may be in the form of a written transcript, a videotape, or both.
Deposition: A deposition is written or oral testimony given under oath in front of a court reporter. These take place outside of court and allow the parties to get a record of a person's testimony, or to get testimony from a witness who lives far away.
Taking depositions is one of the most common methods of discovery, as statements given under oath enables parties to know in advance what a witness will say at a trial.
The Restatement (Third) of the Law Governing Lawyers § 116 provides that ?[a] lawyer may interview a witness for the purpose of preparing the witness to testify.? Furthermore, courts have acknowledged that ?[i]t is usual and legitimate practice for ethical and diligent counsel to confer with a witness whom he is about ...
One of the most common methods of discovery is to take depositions. A deposition is an out-of-court statement given under oath by any person involved in the case.
If you are served with a discovery request (Interrogatories, Request for Production of Documents, or Request for Admissions), you must respond in writing within thirty (30) calendar days of the date you received the request.