Rule 30FEDERAL RULES OF CIVIL PROCEDURE Pt. III
(g) Failure to Attend or to Serve Subpoena; Expenses.
(1) If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another party attends in person or by attorney pursuant to the notice, the court may order the party giving the notice to pay to such other party the reasonable expenses incurred by that party and that party's attorney in attending, including reasonable attorney's fees.
(2) If the party giving the notice of the taking of a deposition of a witness fails to serve a subpoena upon the witness and the witness because of such failure does not attend, and if another party attends in person or by attorney because that party expects the deposition of that witness to be taken, the court may order the party giving the notice to pay to such other party the reasonable expenses incurred by that party and that party's attorney in attending, including reasonable attorney's fees.
Amended January 21, 1963, effective July 1, 1963; March 30, 1970, effective July 1, 1970; March 1, 1971, effective July 1, 1971; November 20, 1972, effective July 1, 1975; April 29, 1980, effective August 1, 1980; March 2, 1987, effective August 1, 1987; April 22, 1993, effective December 1, 1993.1
AUTHORS' COMMENTARY ON RULE 30
PURPOSE AND SCOPE
Rule 30 sets forth the procedures for the taking of depositions by oral examination. Rule 30 must be considered in conjunction with the other discovery rules, and in particular Rule 26 governing the scope of discovery.
NOTE: Rule 30 was substantially revised in 1993, and great care should be exercised when citing decisions pertaining to Rule 30.
RULE 30(a). WHEN DEPOSITIONS MAY BE
TAKEN; WHEN LEAVE REQUIRED
CORE CONCEPT
In general, a party may take the deposition of any witness, party or otherwise, at any time after the parties have conducted the discovery meeting under Rule 26(d).
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