Sheila is a paralegal who works for Paul, an attorney representing the plaintiff in a commercial-litigation case. As requested by Paul, a subpoena was issued and served on Ruf-n-Tuf Chainsaw Company, a third party to the lawsuit. Paul is only interested in the correspondence, including e-mail, between employees of Ruf-n-Tuf and the defendant. The subpoena set a deposition for Ruf-n-Tuf’s custodian of records for September 15, but included a standard letter stating that the deposition will not be necessary if Ruf-n-Tuf provides copies of the correspondence as requested. Is it necessary in this situation for Sheila to arrange for a court reporter just in case Ruf-n-Tuf would prefer an actual deposition?
Explanation
Answer: C - No. In most instances, the situation described in this question would not require a paralegal to arrange for a court reporter. Although a paralegal must be prepared for varying and unexpected situations, third parties often find it preferable to provide the requested copies and affidavit, and not appear for a deposition. In most other instances, the third party will call the paralegal or the paralegal’s supervising attorney on the case. And if the third party unexpectedly appears for the deposition, the deposition can be rescheduled or the third party representative can sign another copy of the affidavit.
