Court Rules
Magistrate Judge

Judge Leslie G. Foschio

Individual Rules, Standing Orders & Policies

Western District of New York
Filters:AllMandatoryImportantEvidence/WitnessesConferencesMemorandaDiscovery

Document Filing Requirements14 rules

Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

(8) Deposing counsel shall provide to the witness' counsel a copy of all documents shown to the witness during the deposition. The copies shall be provided either before the deposition begins or contemporaneously with the showing of each document to the witness. The witness and the witness' counsel do not have the right to discuss documents privately before the witness answers questions about them.

Summary: Deposing counsel must provide document copies to witness counsel before or during deposition.

Document Type

Deposition

Specific requirements detailed in rule text.
Foschio Guidelines · p. 1
|SecGUIDELINES FOR DISCOVERY DEPOSITIONS
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

(3) Counsel shall not direct or request that a witness not answer a question, unless that counsel has objected to the question on the ground that the answer is protected by a privilege or a limitation on evidence directed by the court.

Summary: Counsel cannot instruct witness not to answer except for privilege or court limitations.

Document Type

Deposition

Specific requirements detailed in rule text.
Foschio Guidelines · p. 1
|SecGUIDELINES FOR DISCOVERY DEPOSITIONS
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

(4) Counsel shall not make objections or statements which might suggest an answer to a witness. Counsels' statements when making objections should be succinct and verbally economical, stating the basis of the objection and nothing more.

Summary: Objections must be brief and cannot suggest answers to witness.

Document Type

Deposition

Specific requirements detailed in rule text.
Foschio Guidelines · p. 1
|SecGUIDELINES FOR DISCOVERY DEPOSITIONS
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

(6) Any conferences which occur pursuant to, or in violation of, guideline (5) are a proper subject for inquiry by deposing counsel to ascertain whether there has been any witness-coaching and, if so, what.

Summary: Private conferences are subject to inquiry for witness-coaching.

Document Type

Deposition

Specific requirements detailed in rule text.
Foschio Guidelines · p. 1
|SecGUIDELINES FOR DISCOVERY DEPOSITIONS
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

(5) Counsel and their witness/clients shall not initiate or engage in private off-the-record conferences during depositions or during breaks or recesses, except for the purpose of deciding whether to assert a privilege.

Summary: Private off-the-record conferences prohibited except for privilege decisions.

Document Type

Deposition

Specific requirements detailed in rule text.
Foschio Guidelines · p. 1
|SecGUIDELINES FOR DISCOVERY DEPOSITIONS
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

(1) At the beginning of the deposition, deposing counsel shall instruct the witness to ask deposing counsel, rather than the witness's own counsel, for clarifications, definitions, or explanations of any words, questions, or documents presented during the course of the deposition. The witness shall abide by these instructions.

Summary: Deposing counsel must instruct witness to ask them for clarifications during deposition.

Document Type

Deposition

Specific requirements detailed in rule text.
Foschio Guidelines · p. 1
|SecGUIDELINES FOR DISCOVERY DEPOSITIONS
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

(9) There shall be only one question at a time put to a witness. Counsel shall permit the witness to fully answer before propounding subsequent or follow-up questions. If the witness indicates he or she does not understand the question, counsel shall simply rephrase the question. There is to be no characterization or comment by examining counsel as to any answer given by a witness. Should the answer reasonably appear to counsel to be unresponsive, counsel may so advise the witness and his or her counsel and have the question repeated by the stenographer

Summary: One question at a time; witness must fully answer before next question.

Document Type

Deposition

Specific requirements detailed in rule text.
Foschio Guidelines · p. 1
|SecGUIDELINES FOR DISCOVERY DEPOSITIONS
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

(7) Any conferences which occur pursuant to, or in violation of, guideline (5) shall be noted on the record by the counsel who participated in the conference. The purpose and outcome of the conference shall also be noted on the record.

Summary: Private conferences must be noted on record with purpose and outcome.

Document Type

Deposition

Specific requirements detailed in rule text.
Foschio Guidelines · p. 1
|SecGUIDELINES FOR DISCOVERY DEPOSITIONS
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

(2) All objections, except those which would be waived if not made at the deposition under Fed.R.Civ.P. 32(d)(3)(B), and those necessary to assert a privilege, to enforce a limitation on evidence directed by the court, or to present a motion pursuant to Fed.R.Civ.P. 30(d), shall be preserved. Therefore, those objections need not and shall not be made during the course of deposition.

Summary: Most objections are preserved and should not be made during deposition.

Document Type

Deposition

Specific requirements detailed in rule text.
Foschio Guidelines · p. 1
|SecGUIDELINES FOR DISCOVERY DEPOSITIONS
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

(12) Examining counsel shall at no time interrupt a witness while he or she is attempting to answer a question. Counsel shall await the witness' complete response to a question before advancing any follow-up questions or moving on to a new subject.

Summary: Examining counsel must not interrupt witness answering questions.

Document Type

Deposition

Specific requirements detailed in rule text.
Foschio Guidelines · p. 2
|SecGUIDELINES FOR DISCOVERY DEPOSITIONS
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

(13) Examining counsel shall refrain from unnecessary on-the-record recitation or lengthy quotations from discovery materials or documents except as is necessary to put specific questions to the witness related to such material or documents.

Summary: No unnecessary recitation or lengthy quotations from discovery materials.

Document Type

Deposition

Specific requirements detailed in rule text.
Foschio Guidelines · p. 2
|SecGUIDELINES FOR DISCOVERY DEPOSITIONS
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

(10) Examining counsel shall not engage in any argument with opposing counsel as to these issues, rather his objection shall be taken on the record and appropriate relief from this court may be sought upon completion of the examination. Similarly, counsel for a witness shall not engage in any argument with examining counsel as to the objectionability of any question. Rather, he may note his objection and permit the witness to answer the question, subject to the objection.

Summary: No argument with opposing counsel; objections noted and witness answers.

Document Type

Deposition

Specific requirements detailed in rule text.
Foschio Guidelines · p. 2
|SecGUIDELINES FOR DISCOVERY DEPOSITIONS
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

(11) If a witness or his or her counsel is unclear as to any question, he or she shall so advise counsel and permit the examining counsel an opportunity to rephrase or withdraw the witness' question. Neither witness nor counsel shall make any comment or engage deposing counsel in an argument (other than grounds therefore) about the nature of the question or the witness' request for clarification.

Summary: Witness/counsel must advise if unclear and permit rephrasing; no argument about questions.

Document Type

Deposition

Specific requirements detailed in rule text.
Foschio Guidelines · p. 2
|SecGUIDELINES FOR DISCOVERY DEPOSITIONS
Filing RequirementsCivil cases

Machine summary. Not checked yet.Important?

FAILURE TO COMPLY WITH ANY THE FOREGOING MAY RESULT IN SANCTIONS PURSUANT TO FED.R.CIV.P. 37(b)(2), INCLUDING CIVIL CONTEMPT, AND ATTORNEYS FEES INCURRED BECAUSE OF A PARTY’S OR AN ATTORNEY’S NON- COMPLIANCE. SEE FED.R.CIV.P. 16(f).

Summary: Non-compliance may result in sanctions including civil contempt and attorney fees.

Document Type

Deposition

Specific requirements detailed in rule text.
Foschio Guidelines · p. 2
|SecGUIDELINES FOR DISCOVERY DEPOSITIONS
About United States Magistrate Judge Leslie G. Foschio

**Recalled Magistrate Judge Leslie G. Foschio** served as a United States Magistrate Judge for the Western District of New York from 1991 to 2007, when he retired and assumed recalled status. He continues to hear cases as a recalled judge. Judge Foschio began his legal career as Staff Attorney at the State University of New York (1965–1966), then served as a Senior Assistant District Attorney for Erie County (1968–1969). He joined the faculty at Notre Dame Law School as an assistant/associate professor and assistant dean (1969–1975), then served as Corporation Counsel for the City of Buffalo (1975–1977), followed by private practice at Cohen Swados Wright Hanifin Bradford & Brett (1978–1981). He was appointed New York State Commissioner of Motor Vehicles and Chair of the Governor's Traffic Safety Committee (1981–1983), then served as Vice President, General Counsel & Secretary of Barrister Information Systems Corporation in Buffalo (1983–1991). His notable cases include the Facebook ownership dispute Ceglia v. Zuckerberg and HIV discrimination litigation under the ADA. **Education** - State University of New York at Buffalo School of Law, LL.B., cum laude, 1965 - University of Buffalo, B.A., cum laude, 1962 **Career** - Recalled U.S. Magistrate Judge, Western District of New York, 2007–present - U.S. Magistrate Judge, Western District of New York, 1991–2007 - Vice President, General Counsel & Secretary, Barrister Information Systems Corporation, Buffalo, NY, 1983–1991 - New York State Commissioner of Motor Vehicles, 1981–1983 - Private practice, Cohen Swados Wright Hanifin Bradford & Brett, Buffalo, NY, 1978–1981 - Corporation Counsel, City of Buffalo, 1975–1977 - Assistant/Associate Professor and Assistant Dean, Notre Dame Law School, 1969–1975 - Senior Assistant District Attorney, Erie County, NY, 1968–1969 - Staff Attorney, Office of Counsel, State University of New York, 1965–1966

**Division:** Buffalo **Courthouse:** Robert H. Jackson United States Courthouse, 2 Niagara Square, Buffalo, New York 14202 **Phone:** (716) 551-1850 **Fax:** (716) 551-1855 **Chambers Staff** - Judicial Assistant: Sandra D. Wilson - Law Clerk: Thérèse Hopkins

Common questions about Judge Leslie G. Foschio's rules

What must be included with deposition filings before Judge Leslie G. Foschio?

The rule identifies required filing content or certificates. Objections must be brief and cannot suggest answers to witness.

View ruleSource: page 1, section GUIDELINES FOR DISCOVERY DEPOSITIONS
Complete rules summary for Judge Leslie G. Foschio

Objections must be brief and cannot suggest answers to witness.

Deposing counsel must instruct witness to ask them for clarifications during deposition.

Most objections are preserved and should not be made during deposition.

Counsel cannot instruct witness not to answer except for privilege or court limitations.

Private off-the-record conferences prohibited except for privilege decisions.

Private conferences are subject to inquiry for witness-coaching.

Private conferences must be noted on record with purpose and outcome.

Deposing counsel must provide document copies to witness counsel before or during deposition.

One question at a time; witness must fully answer before next question.

No argument with opposing counsel; objections noted and witness answers.

Witness/counsel must advise if unclear and permit rephrasing; no argument about questions.

Examining counsel must not interrupt witness answering questions.

No unnecessary recitation or lengthy quotations from discovery materials.

Non-compliance may result in sanctions including civil contempt and attorney fees.

More Judges in Western District of New York

Carl L. Bucki
Bankruptcy
Geoffrey W. Crawford
Visiting
John L. Sinatra Jr.
Judge
Richard J. Arcara
Senior Judge