Civil practice – Deposition – Sanctions

A party’s designation of a deposition witness who is not sufficiently knowledgeable or prepared for the deposition should not be treated as a sanctionable non-appearance under Rule 37 of the Federal Rules of Civil Procedure.

Baker v. St. Paul Travelers Insurance Company (Lawyers Weekly No. 01-056-12) (17 pages) (Stahl, J.) (1st Circuit) Appealed from a decision by Lisi, J., in the U.S. District Court for the District of Rhode Island. Merrill J. Friedemann, with whom Anthony J. Gianfrancesco, William F. Warren, and Baluch, Gianfrancesco & Mathieu were on brief, for the plaintiff-appellant; Paul V. Sullivan, with whom Sullivan, Whitehead & DeLuca was on brief, for the defendant-appellee (Docket No. 11-1897) (Feb. 28, 2012).