(a)
When a Deposition May Be Taken.
(1) Without Leave.
A party may, by written
questions, depose any person, including a party,
without leave of court except as provided in Rule
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,
and the court must grant leave to the extent
consistent with Rule 26(b)(2):
(A) if the parties have not stipulated to the
deposition and:
(i) the deposition would result in more
than 10 depositions being taken under
this rule or Rule 30 by the plaintiffs, or
by the defendants, or by the third-party
defendants;
(ii) the deponent has already been deposed
in the case; or
(iii) the party seeks to take a deposition
before the time specified in Rule 26(d);
or
(B) if the deponent is confined in prison.
(3) Service; Required Notice.
A party who wants
to depose a person by written questions must
serve them on every other party, with a notice
stating, if known, the deponent's name and
address. If the 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. The notice
must also state the name or descriptive title and
the address of the officer before whom the
deposition will be taken.
(4) Questions Directed to an Organization.
A
public or private corporation, a partnership, an
association, or a governmental agency may be
deposed by written questions in accordance with Rule 30(b)(6).
(5) Questions from Other Parties.
Any questions
to the deponent from other parties must be
served on all parties as follows: cross-questions,
within 14 days after being served with the notice
and direct questions; redirect questions, within 7
days after being served with cross-questions; and
recross-questions, within 7 days after being
served with redirect questions. The court may,
for good cause, extend or shorten these times.
(b)
Delivery to the Officer; Officer’s Duties.
The
party who noticed the deposition must deliver to the
officer a copy of all the questions served and of the
notice. The officer must promptly proceed in the
manner provided in Rule 30(c), (e), and (f) to:
(1) take the deponent's testimony in response to the
questions;
(2) prepare and certify the deposition; and
(3) send it to the party, attaching a copy of the
questions and of the notice.
(c)
Notice of Completion of Filing.
(1) Completion.
The party who noticed the
deposition must notify all other parties when it
is completed.
(2) Filing.
A party who files the deposition must
promptly notify all other parties of the filing.