Fabricated Substantial Need Rule
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Civil Procedure1
Example wrong choices
19022_worship_song_deposition · CIVIL_PROCEDURE · Choice ANo, because the songwriter did not subpoena the singer.
Why it's attractive
Rule 30(a)(1) permits party depositions by notice alone; subpoenas are for non-parties.
Why it's wrong
Rule 30(a)(1) permits party depositions by notice alone; subpoenas are for non-parties.
19022_worship_song_deposition · CIVIL_PROCEDURE · Choice BNo, because the singer will likely be called to testify at trial.
Why it's attractive
Whether Mark will testify at trial is irrelevant to whether a deposition may be compelled.
Why it's wrong
Whether Mark will testify at trial is irrelevant to whether a deposition may be compelled.
19022_worship_song_deposition · CIVIL_PROCEDURE · Choice CYes, because there is likely substantial need for the singer's deposition.
Why it's attractive
Rule 30(a)(1) imposes no substantial-need showing for a party deposition.
Why it's wrong
Rule 30(a)(1) imposes no substantial-need showing for a party deposition.
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