UNITED STATES DISTRICT COURT

for the 

WESTERN DISTRICT of WASHINGTON

Chihuly, Inc. et. al.,

 Plaintiff(s)

 vs. C05-1801 JPD

Robert Kaindl, et. al.,

 Defendant(s)

ORDER REGARDING DISCOVERY 

 and DEPOSITIONS

 IT IS ORDERED that:

(1) DISCOVERY. 

All discovery matters are to be resolved by agreement if possible. If a ruling is

needed as to any discovery questions, and counsel wish to avoid the time and

expenses of a written motion, they may obtain an expedited ruling through a

telephone conference. Please contact Peter H. Voelker, deputy clerk, at (206)

370-8422 to arrange a time for a conference call.

(2) DEPOSITIONS.

Depositions will be conducted in compliance with the following rules:

(a) Examination:

If there are multiple parties, each side should ordinarily designate one

attorney to conduct the main examination of the deponent, and any

questioning by other counsel on that side should be limited to matters not

previously covered.

(b) Objections:

The only objections that should be raised at the deposition are those

involving a privilege against disclosure, or some matter that may be

remedied if presented at the time (such as the form of the question or the

responsiveness of the answer), or that the question seeks information

beyond the scope of discovery. Objections on other grounds are

unnecessary and should generally be avoided. All objections should be

concise and must not suggest answers to, or otherwise coach, the

deponent. Argumentative interruptions will not be permitted.

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(c) Directions Not to Answer:

Directions to the deponent not to answer are improper, except on the

ground of privilege or to enable a party or deponent to present a motion to

the court or special master for termination of the deposition on the ground

that is being conducted in bad faith or in such a manner as unreasonably

to annoy, embarrass or oppress the party or the deponent, or for

appropriate limitations upon the scope of the depositions (e.g., on the

ground that the line of inquiry is not relevant nor reasonably calculated to

lead to the discovery of admissible evidence). When a privilege is claimed,

the witness should nevertheless answer questions relevant to the

existence, extent or waiver of the privilege, such as the date of the

communication, who made the statement in question, to whom and in

whose presence the statement was made, other persons to whom the

statement was made, other persons to whom the contents of the statement

have been disclosed, and the general subject matter of the statement.

(d) Responsiveness:

Witnesses will be expected to answer all questions directly and without

evasion, the extent of their testimonial knowledge, unless directed by

counsel not to answer.

(e) Private Consultation:

Private conferences between deponents and their attorneys during the

actual taking of the deposition are improper, except for the purpose of

determining whether a privilege should be asserted. Unless prohibited by

the court for good cause shown, such conferences may, however, be held

during normal recesses and adjournments. 

(f) Conduct of Examining Counsel:

Examining counsel will refrain from asking questions he or she knows to be

beyond the legitimate scope of discovery, and from undue repetition.

(g) Courtroom Standard:

All counsel and parties should conduct themselves in depositions with the

same courtesy and respect for the rules that are required in the courtroom

during trial.

DATED this 9th day of June, 2006

AJames P. Donohue

U.S. Magistrate Judge

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