Rule 30 FEDERAL RULES OF CIVIL PROCEDURE Pt. I
Recording
The officer will also arrange to have the testimony recorded, either stenographically or otherwise (as discussed above under Rule 30(b)(2)).
Expense of Recording
The party noticing the deposition arranges for and pays the cost of recording but the other parties pay for their copies of the recording. If the party taking the deposition does not order a transcript, then any other party can order one, and the court then has discretion as to who bears the expense."
Examination
Examination proceeds as at trial, with direct examination and cross-examination. Unlike trial, cross-examination is not limited to matters raised on direct, although the admission at trial of the deposition transcript may be limited on that basis.
Witness's Rights
At a deposition, the witness has the same rights as at trial, and may refresh his recollection with former testimony.
Refusal to Answer Question
If a witness refuses to answer a question, the examining party may suspend the proceedings to seek an order under Rule 37(a)(2) compelling an answer or may reserve the right to move for an order to compel and proceed to other areas. The losing party to such a motion to compel may then be subject to sanctions under Rule 37(a)(4).
Timing of Objections to Questions
Some objections to questions must be raised at the time of the deposition or they are waived, others are reserved until trial. The way to determine whether an objection must be made is to determine whether the examiner could rephrase the question to cure the objection. Thus, parties must object to leading questions in order to give the examiner an opportunity to ask the question in a non-leading fashion. Conversely, parties do not need to raise objections such as relevancy or competency that cannot be cured.
Timing of Objections to Officer or Procedures
All objections to the qualifications of the officer, to the manner of recording, or to any other procedure must be raised at the deposition and noted by the officer or they are waived.
17. The Advisory Committee Note to the 1970 amendment of Rule 30(c).
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