Pt. III DISCOVERY Rule 30
APPLICATIONS
Number of Depositions
The plaintiffs as a group are limited to 10 deposition total, by written and/or oral examination, as are the defendants and third-party defendants. This number may be increased by stipulation or by order of court.
Repeat Depositions
Leave of court is required to depose someone a second time.
Depositions Prior to Discovery Meeting
Leave of court is generally required to depose someone prior to the time when the parties conduct the discovery meeting under Rule 26(d). An exception occurs when the deponent is expected to leave the United States. In such instances, the notice of deposition must contain a certification with the facts supporting the need for the early deposition.
Deponent in Prison
Leave of court must be obtained in order to take the deposition of a person confined in prison.
RULE 30(b)(1). NOTICE OF EXAMINATION:
GENERAL REQUIREMENTS
CORE CONCEPT
A party desiring to take a deposition must serve a written notice upon all other parties identifying the deponent and time and location of the deposition. Depositions are only binding on parties properly noticed or actually represented at the deposition.
APPLICATIONS
Filing of Notice
The notice must state the time and place of the deposition. It must also state the name and address of the deponent, if known, or a general description sufficient to identify the deponent. If a subpoena duces tecum (seeking documents) is to be served under Rule 45, then the notice must include a description of the documents sought. There is no need to state the subject of the inquiry.
Filing of Notice
The notice should be filed either before service or shortly thereafter. However, many districts have local rules providing that discovery documents need not be filed, and it is common practice not to file deposition notices.
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