Rule 30FEDERAL RULES OF CIVIL PROCEDURE
Notice to Party
Parties must comply with a notice of deposition or they are potentially subject to sanctions from the Court. Parties that believe that they should not be required to attend can file motions for protective orders.
Failure to Notify
If a party does not receive a notice of a deposition and does not appear, or is not represented at the deposition, the testimony cannot be used against that party, even if the party had actual knowledge.'
Notice to Non-party
A notice of deposition is not binding on a non-party. Instead, a subpoena must be issued pursuant to Rule 45 to force a non-party to attend a deposition.
Reasonable Notice
Rule 30(b)(1) states that a party must give reasonable notice. There is no bright line as to what is reasonable notice, and the determination is extremely fact-specific. If the parties cannot agree on a mutually acceptable date, then unreasonable notice may be challenged by a motion to enlarge or shorten the time for taking the deposition pursuant to Rule 30(b)(3) or by a motion for a protective order under Rule 26(c). An order vacating a deposition notice based upon unreasonable notice does not preclude further discovery with proper notice.
Sanctions
The sanctions for failure to appear at a deposition depend upon whether the witness is a party. Non-party witnesses may be held in contempt of court for failure to obey a subpoena. Party witnesses are subject to the sanctions described in Rule 37(d).
Place of Examination
For a party deponent, one may select any location for the deposition, subject to the party's right to move for a protective order (but see the general rules below). For a non-party witness, the witness must travel up to 100 miles from the place where the witness resides, is employed, or regularly transacts business.
General Rules for Deposition Location
The court has discretion to control the location of a deposition. In general, however, plaintiffs will be required to travel to
1. Lauson v. Stop-N-Go Foods, Inc., 133
410