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At the beginning of the deposition, the court reporter will swear in the deponent. Then, everyone in attendance should announce their names, firm names, and who they represent for the record. You may then provide any admonitions or instructions you have for the deponent before moving on to your questions.
Who to depose first?
The most obvious deponents are the parties themselves. They are usually deposed first. After that, the lay witnesses are deposed, followed by the experts.
Who gets deposed first, plaintiff or defendant?
Who is the Plaintiff and who is the Defendant? The Plaintiff is the person who files the case with the court. The Defendant is the person who the Plaintiff is filing a complaint against. Once a case is opened, this never changes.
Who is first plaintiff or defendant?
The resolution of this dispute can vary depending on where the suit is filed. As a general rule, however, it has been the authors experience that the defendant is entitled to depose the plaintiff first in a Bad Faith/Fraud suit, regardless of who asked first.
Who testifies first, plaintiff or defendant?
The plaintiff will go first. Then the defendant. After the defendant does their closing statement, the plaintiff can make a brief final argument to address anything from the Defendants argument (give a rebuttal).
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Although the Federal Rules of Civil Procedure initially fa- vored discovery by defendants first, the parties are on equal footing regarding priority in discovery under the current rules.
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Civil Cases
The Process. To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and serves a copy of the complaint on the defendant.
When the plaintiff begins its case-in-chief, it will call its first witness, who, once at the witness stand, is sworn in by either the judge or the clerk of the
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