§ 18.65. Depositions by written questions.
444 words·~2 min read·
/us/cfr/t29/s§ 18.65·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 the judge except as provided in paragraph (a)(2) of this section. The deponent's attendance may be compelled by subpoena under § 18.56.
(2)With leave. A party must obtain leave of the judge, and the judge must grant leave to the extent consistent with § 18.51(b):
(i)If the parties have not stipulated to the deposition and:
(A)The deposition would result in more than 10 depositions being taken under this section or § 18.64 by a party;
(B)The deponent has already been deposed in the case; or
(C)The party seeks to take a deposition before the time specified in § 18.50(a); or
(ii)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 § 18.64(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 judge may, for good cause, extend or shorten these times.
(b)Delivery to the deposition officer; officer's duties. Unless a different procedure is ordered by the judge, 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 § 18.64(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 or 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.