Pt. III DISCOVERY Rule 30
the district where the suit is pending for their depositions,' whereas defendants can have their depositions taken where they work or live. Also, in general, the deposition of a corporation occurs at its principal place of business. These general principles are, of course, subject to extenuating circumstances, such as a plaintiff who is too sick to travel.
Motion for Protective Order
If a notice of deposition is facially valid, then the witness must attend or file a motion for a protective order pursuant to Rule 26(c).' The motion must be made before the time scheduled for the deposition, and must show good reason for the requested protection. The motion must be accompanied by a certification that the parties met prior to the filing of the motion and attempted to resolve their dispute without intervention by the court.
Persons Subject to Deposition
Rule 30 applies to parties and nonparties alike. A party may even take the party's own deposition if, for example, the party will be unable to attend trial. One may also take the deposition of attorneys, including the attorneys for parties, although the attorney-client privilege may protect most of an attorney's testimony. Depositions are also permitted of public officials, the United States, individual states, and other governmental subdivisions.'
RULE 30(b)(2). NOTICE OF EXAMINATION:
GENERAL REQUIREMENTS
CORE CONCEPT
The notice of deposition must specify the method for recording the deposition testimony.
APPLICATIONS
Methods Available
The party taking the deposition may have it recorded by audio, audio visual, or stenographic means, unless the court orders otherwise. Other parties may arrange for additional methods of recording under Rule 30(b)(3).
Cost of Recording
The party taking the deposition bears the cost of recording.
2. Dollar Systems, Inc. v. Tomlin, 102 F.R.D. 93 (D.Tenn.1984).
3. Collins v. Wayland, 139 F.2d 677 (9th Cir.1944), cert. denied, 322 U.S. 744, 64 S.Ct. 1151,88 L.Ed. 1576 (1944).
4. Shelton v. American Motors Corp., 805 F.2d 1323 (8th Cir.1986); AmericanCasualty Co. of Reading, Pa. v. Krieger, 160
F.R.D. 582 (S.D.Cal.1995).
5. United States v. Procter & Gamble
Co., 356 U.S. 677, 78 S.Ct. 983, 2 L.Ed.2d
1077 (1958).
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