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Rule 30 FEDERAL RULES OF CIVIL PROCEDURE Pt. III

Filing of Transcript

Local rules often determine whether the officer files a sealed original transcript. If so, the party taking the deposition should then give notice of the filing to all parties.

Copies of the Transcript

Any party or the deponent can obtain a copy of the recording of the deposition for a reasonable charge. If the deposition was recorded stenographically and has not been transcribed, then the party seeking the transcript will normally have to pay the transcription costs, unless the court orders otherwise.

Exhibits

Upon the request of a party, a document produced at a deposition (or any other document) may be marked for identification and annexed to the deposition transcript. A copy of a document may be substituted for the original. If documents are produced at a deposition, any party has a right to inspect and copy them.

Retaining Recording

The officer should retain a copy of the transcript or recording of the deposition.

RULE 30(g). FAILURE TO ATTEND

OR SERVE SUBPOENA

CORE CONCEPT

The court may award expenses, including attorney fees, to a party that appears for a deposition that does not occur because

either:

(1) the party noticing the deposition does not attend;or

(2) the party fails to subpoena a witness and that witness does  not appear. In both cases, the party noticing the deposition may be ordered to pay the expenses of other parties incurred as result of appearing for the deposition

ADDITIONAL RESEARCH SOURCES

Wright & Miller, Federal Practice and Procedure ßß 2101-2120.

C.J.S. Federal Civil Procedure ßß 548-583 et seq., 600-644 et seq.

West's Key No. Digests, Federal Civil Procedure @1311-1456.

 

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