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The Proper Location Of Party-Depositions Under The Federal Rules Of Civil Procedure, Jeffrey S. Kinsler

Law Faculty Scholarship

Federal Rules of Civil Procedure provide numerous mechanisms for noticing and conducting party-depositions, but they are silent about location. Determining the proper location of party-depositions requires a foray into a confusing, and sometimes inconsistent, line of case law. For instance, some courts hold that the proper location to depose a corporate representative is the judicial district in which the corporation maintains its principal place of business, while others suggest that it is the district in which the suit is pending. This Article clarifies the law concerning the proper location of party-depositions and proposes a hard-and-fast rule for determining the appropriate …