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(6) A party may in the party's notice and in a subpoena name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested. In that event, the organization so named shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. A subpoena shall advise a non-party organization of its duty to make such a designation. The persons so designated shall testify as to matters known or reasonably available to the organization. This subdivision (b)(6) does not preclude taking a deposition by any other procedure authorized in these rules.

(7) The parties may stipulate in writing or the court may upon motion order that a deposition be taken by telephone or other remote electronic means. For the purposes of this rule and Rules 28(a), 37(a)(1), and 37(b)(1), a deposition taken by such means is taken in the district and at the place where the deponent is to answer questions.

(6) Notice or Subpoena Directed to an Organization. In its notice or subpoena, a party may name as the deponent a public or private corporation, a partnership, an association, or a governmental agency and describe with reasonable particularity the matters for examination. The named organization must then designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf, and it may set out the matters on which each person designated will testify. A subpoena must advise a nonparty organization of its duty to make this designation. The persons designated must testify about information known or reasonably available to the organization. This paragraph (6) does not preclude a deposition by any other procedure allowed by these rules.

(c) Examination and Cross-Examination; Record of Examination; Oath; Objections. Examination and crossexamination of witnesses may proceed as permitted at the trial under the provisions of the Federal Rules of Evidence except Rules 103 and 615. The officer before whom the deposition is to be taken shall put the witness on oath or affirmation and shall personally, or by someone acting under the officer’s direction and in the officer's presence, record the testimony of the witness. The testimony shall be taken stenographically or recorded by any other method authorized by subdivision (b)(2) of this rule. All objections made at the time of the examination to the qualifications of the officer taking the deposition, to the manner of taking it, to the evidence presented, to the conduct of any party, or to any other aspect of the proceedings shall be noted by the officer upon the record of the deposition; but the examination shall proceed, with the testimony being taken subject to the objections. In lieu of participating in the oral examination, parties may serve written questions in a sealed envelope on the party taking the deposition and the party taking the deposition shall transmit them to the officer, who shall propound them to the witness and record the answers verbatim.

(c) Examination and Cross-Examination; Record of the Examination; Objections; Written Questions.

(1) Examination and Cross-Examination. The examination and cross-examination of a deponent proceed as they would at trial under the Federal Rules of Evidence, except Rules 103 and 615. After putting the deponent under oath or affirmation, the officer must record the testimony by the method designated under Rule 30(b)(3)(A). The testimony must be recorded by the officer personally or by a person acting in the presence and under the direction of the officer.

(2) Objections. An objection at the time of the examination — whether to evidence, to a party's conduct, to the officer's qualifications, to the manner of taking the deposition, or to any other aspect of the deposition—must be noted on the record, but the examination still proceeds; the testimony is taken subject to any objection. An objection must be stated concisely in a nonargumentative and nonsuggestive manner. A person may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation ordered by the court, or to present a motion under Rule 30(d)(3).

(3) Participating Through Written Questions. Instead of participating in the oral examination, a party may serve written questions in a sealed envelope on the party noticing the deposition, who must deliver them to the officer. The officer must ask the deponent those questions and record the answers verbatim.

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(4) At any time during a deposition, on motion of a party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the court in which the action is pending or the court in the district where the deposition is being taken may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as provided in Rule 26(c). If the order made terminates the examination, it may be resumed thereafter only upon the order of the court in which the action is pending. Upon demand of the objecting party or deponent, the taking of the deposition must be suspended for the time necessary to make a motion for an order. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion.

(3) Motion to Terminate or Limit.

(A) Grounds. At any time during a deposition, the deponent or a party may move to terminate or limit it on the ground that it is being conducted in bad faith or in a manner that unreasonably annoys, embarrasses, or oppresses the deponent or party. The motion may be filed in the court where the action is pending or the deposition is being taken. If the objecting deponent or party so demands, the deposition must be suspended for the time necessary to obtain an order.

(B) Order. The court may order that the deposition be terminated or may limit its scope and manner as provided in Rule 26(c). If terminated, the deposition may be resumed only by order of the court where the action is pending.

(C) Award of Expenses. Rule 37(a)(5) applies to the award of expenses.

(e) Review by Witness; Changes; Signing. If requested by the deponent or a party before completion of the deposition, the deponent shall have 30 days after being notified by the officer that the transcript or recording is available in which to review the transcript or recording and, if there are changes in form or substance, to sign a statement reciting such changes and the reasons given by the deponent for making them. The officer shall indicate in the certificate prescribed by subdivision (f)(1) whether any review was requested and, if so, shall append any changes made by the deponent during the period allowed.

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(f) Certification and Delivery by Officer; Exhibits; (f) Certification and Delivery; Exhibits; Copies of the

Copies. Transcript or Recording; Filing. (1) The officer must certify that the witness was (1) Certification and Delivery. The officer must certify

duly sworn by the officer and that the deposition is a true in writing that the witness was duly sworn and that the record of the testimony given by the witness. This deposition accurately records the witness's testimony. certificate must be in writing and accompany the record The certificate must accompany the record of the of the deposition. Unless otherwise ordered by the court, deposition. Unless the court orders otherwise, the the officer must securely seal the deposition in an officer must seal the deposition in an envelope or envelope or package indorsed with the title of the action package bearing the title of the action and marked and marked “Deposition of [here insert name of “Deposition of [witness's name]” and must promptly witness]” and must promptly send it to the attorney who send it to the attorney who arranged for the transcript arranged for the transcript or recording, who must store it or recording. The attorney must store it under under conditions that will protect it against loss, conditions that will protect it against loss, destruction, destruction, tampering, or deterioration. Documents and tampering, or deterioration.

things produced for inspection during the examination of

the witness, must, upon the request of a party, be marked (2) Documents and Tangible Things.

for identification and annexed to the deposition and may (A) Originals and Copies. Documents and tangible be inspected and copied by any party, except that if the things produced for inspection during a person producing the materials desires to retain them the deposition must, on a party's request, be marked person may (A) offer copies to be marked for for identification and attached to the deposition. identification and annexed to the deposition and to serve Any party may inspect and copy them. But if the thereafter as originals if the person affords to all parties person who produced them wants to keep the fair opportunity to verify the copies by comparison with originals, the person may: the originals, or (B) offer the originals to be marked for identification, after giving to each party an opportunity to (I) offer copies to be marked, attached to the

deposition, and then used as originals — after giving all parties a fair opportunity to verify the copies by comparing them with the originals; or

inspect and copy them, in which event the materials may then be used in the same manner as if annexed to the deposition. Any party may move for an order that the original be annexed to and returned with the deposition to the court, pending final disposition of the case. (ii) give all parties a fair opportunity to inspect and copy the originals after they are marked —in which event the originals may be used as if attached to the deposition.

(B) Order Regarding the Originals. Any party may move for an order that the originals be attached to the deposition pending final disposition of the

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(2) Unless otherwise ordered by the court or (3) Copies of the Transcript or Recording. Unless agreed by the parties, the officer shall retain stenographic otherwise stipulated or ordered by the court, the notes of any deposition taken stenographically or a copy officer must retain the stenographic notes of a of the recording of any deposition taken by another deposition taken stenographically or a copy of the method. Upon payment of reasonable charges therefor, recording of a deposition taken by another method. the officer shall furnish a copy of the transcript or other When paid reasonable charges, the officer must recording of the deposition to any party or to the furnish a copy of the transcript or recording to any deponent. party or the deponent.

(3) The party taking the deposition shall give (4) Notice of Filing. A party who files the deposition prompt notice of its filing to all other parties. must promptly notify all other parties of the filing.

(g) Failure to Attend or to Serve Subpoena; (g) Failure to Attend a Deposition or Serve a Subpoena; T Expenses. Expenses. A party who, expecting a deposition to be taken, attends in person or by an attorney may recover reasonable expenses for attending, including attorney's fees, if the noticing party failed to:

(1) If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another party attends in person or by attorney pursuant to the notice, the court may order the party giving the notice (1) attend and proceed with the deposition; or to pay to such other party the reasonable expenses incurred by that party and that party’s attorney in attending, including reasonable attorney’s fees.

(2) If the party giving the notice of the taking of a deposition of a witness fails to serve a subpoena upon the witness and the witness because of such failure does not attend, and if another party attends in person or by attorney because that party expects the deposition of that witness to be taken, the court may order the party giving the notice to pay to such other party the reasonable expenses incurred by that party and that party's attorney in attending, including reasonable attorney’s fees.

(2) serve a subpoena on a nonparty deponent, who
consequently did not attend.

COMMITTEE NOTE

The language of Rule 30 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.

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