(a) Serving Questions; Notice.
(1) A party may take the testimony of any person, including a party, by deposition upon written questions without leave of court except as provided in paragraph (2). The attendance of witnesses may be compelled by the use of subpoena as provided in Rule 45.
(2) A party must obtain leave of court, which shall be granted to the extent consistent with the principles stated in Rule 26(b)(2), if the person to be examined is confined in prison or if, without the written stipulation of the parties,
(A) a proposed deposition would result in more than ten depositions being taken under this rule or Rule 30 by the plaintiffs, or by the defendants, or by third-party defendants;
(B) the person to be examined has already been deposed in the case; or
(C) a party seeks to take a deposition before the time specified in Rule 26(d).
(3) A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating (1) the name and address of the person who is to answer them, if known, and if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs, and (2) the name or descriptive title and address of the officer before whom the deposition is to be taken. A deposition upon written questions may be taken of a public or private corporation or a partnership or association or governmental agency in accordance with the provisions of Rule 30(b)(6).
(4) Within 14 days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within 7 days after being served with cross questions, a party may serve redirect questions upon all other parties. Within 7 days after being served with redirect questions, a party may serve recross questions upon all other parties. The court may for cause shown enlarge or shorten the time.
(b) Officer To Take Responses and Prepare Record. A copy of the notice and copies of all questions served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by Rule 30(c), (e), and (f), to take the testimony of the witness in response to the questions and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the questions received by the officer.
(c) Notice of Filing. When the deposition is filed the party taking it shall promptly give notice thereof to all other parties.
(As amended Mar. 30, 1970, eff. July 1, 1970; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993.)
added in current removed in current
Compared to current version (2025).
(a) Serving Questions; Notice.
(1) A party may take the tWhen a Deposition May Be Taken.
(1) Without Leave. A party may, by written questimony ofs, depose any person, including a party, by deposition upon written questions without leave of court except as provided in paragraph (2). The attendance of witnesses may be compelled by the use of subpoena as provided inRule 31(a)(2). The deponent’s attendance may be compelled by subpoena under Rule 45.
(2) With Leave. A party must obtain leave of court, which shall be grantedand the court must grant leave to the extent consistent with the principles stated in Rule 26(b)(2), if the person to be examined is confined in prison or if, without the written stipulation of the parties,Rule 26(b)(1) and (2):
(A) if the parties have not stipulated to the deposition and:
(Ai) a proposedthe deposition would result in more than ten10 depositions being taken under this rule or Rule 30 by the plaintiffs, or by the defendants, or by the third-party defendants;
(Bii) the person to be examineddeponent has already been deposed in the case; or
(C) aiii) the party seeks to take a deposition before the time specified in Rule 26(d).; or
(3B) A party desiring to take a deposition uponif the deponent is confined in prison.
(3) Service; Required Notice. A party who wants to depose a person by written questions shallmust serve them upon every other party, with a notice stating (1) the, if known, the deponent’s name and address o. If the person who is to answer them, if known, and if the name is not known,name is unknown, the notice must provide a general description sufficient to identify the person or the particular class or group to which the person belongs, and (2). The notice must also state the name or descriptive title and the address of the officer before whom the deposition is towill be taken. A deposition upon written questions may be taken of a
(4) Questions Directed to an Organization. A public or private corporation or, a partnership or, an association, or a governmental agency may be deposed by written questions in accordance with the provisions of Rule 30(b)(6).
(45) Within 14 days after the notice and written questions are served, a party may serveQuestions from Other Parties. Any questions to the deponent from other parties must be served on all parties as follows: cross -questions upon all other parties. W, within 714 days after being served with cross questions, a party may serve redirect questions upon all other parties. Wthe notice and direct questions; redirect questions, within 7 days after being served with redirect cross-questions,; a party may servend recross -questions upon all other partie, within 7 days after being served with redirect questions. The court may, for cause shown enlargegood cause, extend or shorten these times.
(b) Officer To Take Responses and Prepare Record. A copy ofDelivery to the Officer; Officer ’ s Duties. The party who noticed the deposition must deliver to the notofficer and copiesy of all the questions served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly,and of the notice. The officer must promptly proceed in the manner provided byin Rule 30(c), (e), and (f), to:
(1) take the testimony of the witnessdeponent’s testimony in response to the questions and to;
(2) prepare, and certify, and file or mail the deposition,; attaching thereto the copy of the notice and the questions received bynd
(3) send it to the party, attaching a copy of the questions and of the offnoticer.
(c) Notice of Filing. When the deposition is filed Completion or Filing.
(1) Completion. The party who noticed the deposition must notify all other party taking it shall promptly give notice thereof toies when it is completed.
(2) Filing. A party who files the deposition must promptly notify all other parties of the filing.
(As amended Mar. 30, 1970, eff. July 1, 1970; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 29, 2015, eff. Dec. 1, 2015.)