Idaho Motion for Protective Order against Trial Deposition

State:
Multi-State
Control #:
US-MOT-01414
Format:
Word; 
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This is a multi-state form covering the subject matter of the title.
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FAQ

In every trial the testimony of witnesses must be taken orally in open court, unless otherwise provided by a statute or by these rules, the Idaho Rules of Evidence, or other rules adopted by the Idaho Supreme Court.

There are essentially three ways to use a deposition at trial. The first is reading from the deposition of a witness that is unavailable. The second is reading from the deposition of an opposing party. The third is using the deposition for impeachment.

A party may use for any purpose the deposition of a witness, whether or not a party, if the court finds: (A) that the witness is dead; (B) that the witness is more than 100 miles from the place of hearing or trial or is outside the state of Idaho, unless it appears that the witness's absence was procured by the party ...

Idaho Rules of Civil Procedure Rule 37.1. Mediation and Online Dispute Resolution of Civil Lawsuits. (a) Definitions of Mediation and Online Dispute Resolution. Mediation under this Rule is the process by which a neutral mediator assists the parties in reaching a mutually acceptable agreement.

(B) Protection Against Disclosure. If the court orders discovery of those materials, it must protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of a party's attorney or other representative concerning the litigation.

Rule 60 - Relief From a Judgment or Order (a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record.

If that person is a party, the person may be compelled to appear anywhere within the state where the person resides, transacts business, or is employed. Rule 45 gives attorneys the authority to sign and issue subpoenas as officers of the Court, provided the attorney is authorized to practice in the issuing court.

The responding party must serve its answers and any objections within 30 days after being served with the interrogatories. A shorter or longer time may be stipulated to under Rule 29 or be ordered by the court.

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Idaho Motion for Protective Order against Trial Deposition