Celebrating 10 years! 2007-2017

Are deposition transcripts confidential? Is there a default rule?

Familiar with the idea that all discovery and depo transcrip jd4hire04/09/18
They're not confidential. fettywap04/09/18
The Rule was implemented to save the judiciary's file cabine jeffm04/09/18
Absent a confidentiality agreement, there's nothing stopping pauperesq04/09/18
Nope, you can use it and it's not confidential. But double c isthisit04/09/18
jd4hire (Apr 9, 2018 - 11:55 am)

Familiar with the idea that all discovery and depo transcripts used to be filed with the court. Rule 5 was amended so that discovery is not automatically filed. If filed as part of a motion or an exhibit, the discovery (or depo transcript) becomes a public record unless sealed. All people woudl presumably have access to it if they wanted. My issue arises after Rule 5 amendment.

Can I use a depo transcript from a prior case for any purpose? Are there limitations? Can I use them for later governmental proceedings? To submit a complaint against the former defendant? What if litigation is actively still going on?

I have to think they are free game for use as one pleases based on the expert database compilers out there that collect and sell depo transcripts.

Thoughts?

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fettywap (Apr 9, 2018 - 12:10 pm)

They're not confidential.

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jeffm (Apr 9, 2018 - 3:00 pm)

The Rule was implemented to save the judiciary's file cabinet space.

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pauperesq (Apr 9, 2018 - 3:23 pm)

Absent a confidentiality agreement, there's nothing stopping you from using a deposition from a prior proceeding.

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isthisit (Apr 9, 2018 - 3:44 pm)

Nope, you can use it and it's not confidential. But double check your local rules.

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