RULE 84. DEPOSITIONS UPON WRITTEN QUESTIONS
- (a) Use of Written Questions: A party may make an application
to the Court to take a deposition, otherwise authorized under Rules 81, 82, or 83, upon written questions rather than oral
examination. The provisions of those Rules shall apply in all
respects to such a deposition except to the extent clearly
inapplicable or otherwise provided in this Rule. Unless there is
special reason for taking the deposition on written questions
rather than oral examination, the Court will deny the application,
without prejudice to seeking approval of the deposition upon oral
examination. The taking of depositions upon written questions is
not favored, except when the deposition is to be taken in a foreign
country, in which event the deposition must be taken on written
questions unless otherwise directed by the Court for good cause
shown.
- (b) Procedure: An application under paragraph (a) hereof shall
have the written questions annexed thereto. With respect to such
application, the 15-day period for filing objections prescribed by
paragraph (b)(2) of Rule 81 is extended
to 20 days, and within that 20-day period the objecting or
responding party shall also file with the Court any cross-questions
which such party may desire to be asked at the taking of the
deposition. The applicant shall then file any objections to the
cross-questions, as well as any redirect questions, within 15 days
after service on the applicant of the cross-questions. Within 15
days after service of the redirect questions on the other party,
the other party shall file with the Court any objections to the
redirect questions, as well as any recross questions which the
other party may desire to be asked. No objection to a written
question will be considered unless it is filed with the Court
within such applicable time. An original and five copies of all
questions and objections shall be filed with the Clerk of the
Court, who will make service thereof on the opposite party. The
Court for good cause shown may enlarge or shorten the time in any
respect.
- (c) Taking of Deposition: The officer taking the deposition
shall propound all questions to the witness in their proper order.
The parties and their counsel may attend the taking of the
deposition but shall not participate in the deposition proceeding
in any manner.
- (d) Execution and Return: The execution and return of the
deposition shall conform to the requirements of paragraph (h) of Rule 81.
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