RULE 74. DEPOSITIONS FOR DISCOVERY PURPOSES--UPON CONSENT OF PARTIES
- (a) Depositions in Pending Cases: Upon consent of all the
parties to a case, and within the time limits provided in Rule 70(a)(2), a deposition for discovery
purposes may be taken of either a party or a nonparty witness. Such
consent shall be set forth in a stipulation filed in duplicate with
the Court, which shall contain the information required in Rule 81(d) and which otherwise shall be subject
to the procedure provided in Rule 81(d).
Unless the Court shall determine otherwise for good cause shown,
the taking of such a deposition will not be regarded as sufficient
ground for granting a continuance from a date or place of trial
theretofore set.
- (b) Notice to Nonparty Witness: A notice of deposition shall
be served on a nonparty witness. The notice shall state that the
deposition is to be taken under Rule 74
and shall set forth the name of the party or parties seeking the
deposition, the time and place proposed for the deposition, and the
name of the officer before whom the deposition is to be taken. If
the deposition is to be taken on written questions, then a copy of
the written questions shall be annexed to the notice. With respect
to the deposition of an organization described in Rule 81(c), the notice shall also set forth the
information required under that Rule, and the organization shall
make the designation authorized by that Rule.
- (c) Objection by Nonparty Witness: Within 15 days after
service of the notice of deposition, a nonparty witness shall
serve on the parties seeking the deposition any objections to the
deposition. The burden shall be upon a party seeking the deposition
to move for an order with respect to such objection or other
failure of the nonparty witness, and such party shall annex to any
such motion the notice of deposition with proof of service thereof,
together with a copy of the response and objections, if any.
- (d) Transcript: A transcript shall be made of every deposition
taken under this Rule, but the transcript and exhibits introduced
in connection with the deposition shall not be filed with the
Court. See Rule 81(h)(3).
- (e) Depositions Upon Written Questions: Depositions under this
Rule may be taken upon written questions rather than upon oral
examination. The use of such written questions is not favored, and
the deposition should not be taken in this manner in the absence of
a special reason. See Rule 84(a). There
shall be an opportunity for cross-questions and redirect questions
to the same extent and within the same time periods as provided in
Rule 84(b) (starting with service of the
notice of deposition rather than service of an application). With
respect to taking the deposition, the procedure of Rule 84(c) shall apply.
- (f) Other Applicable Rules: Depositions for discovery purposes
under this Rule shall be governed by the provisions of the
following Rules with respect to the matters to which they apply: Rule 81(e) (persons before whom deposition
taken), 81(f) (taking of deposition), 81(g) (expenses), 81(h) (execution, form and return of
deposition), 81(i) (use of deposition),
and Rule 85(b), (c), (d), and (e)
(objections and irregularities). For Rules concerned with the
timing and frequency of depositions, supplementation of answers,
protective orders, effect of evasive or incomplete answers or
responses, and sanctions and enforcement action, see Title X.
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