7030-1: Discovery: USING TRANSCRIPTS OF RECORDED TESTIMONY AS EVIDENCE: Depositions
** UPDATED 10-21-2024 **
FRBP 7030 provides that FRCP 30 applies in adversary proceedings. FRBP 9014(c) provides that FRBP 7030 (and, thus, FRCP 30) applies in contested matters. FRCP 30 provides the authority for taking testimony at a deposition, the procedures for taking and recording testimony, and the procedures for creating a transcript of the recorded testimony.
LBR 7030-1 provides the procedure for using transcripts of recorded testimony at a deposition as evidence at a trial in an adversary proceeding or at a hearing in a contested matter.
All parties to the adversary proceeding or contested matter must participate in the process of preparing transcripts of recorded testimony, which includes marking and countermarking the specific testimony that a party wishes to offer as evidence in a trial or to support a motion.
An original copy of the complete transcript must be delivered to the court, AND another copy that tabs, marks and countermarks the exact portion of the transcript at issue. Contact the judge's law clerk or courtroom deputy to determine the process of delivering these documents to the court.
- Please read carefully the provisions of LBR 7030-1
- DO NOT simply file or lodge your transcripts
- DO NOT simply attach a transcript to a Request for Judicial Notice
- Please review FRBP 9014(c) in section 4 of The Central Guide