(6) Notice or Subpoena Directed to an Organization.
At the end of a deposition, the officer must state on the record that the deposition is complete and must set out any stipulations made by the attorneys about custody of the transcript or recording and of the exhibits, or about any other pertinent matters. The deponent's and attorneys’ appearance or demeanor must not be distorted through recording techniques. If the deposition is recorded nonstenographically, the officer must repeat the items in Rule 30(b)(5)(A)(i)–(iii) at the beginning of each unit of the recording medium. (B) Conducting the Deposition Avoiding Distortion. (iv) the officer's administration of the oath or affirmation to the deponent and
(ii) the date, time, and place of the deposition (i) the officer's name and business address The officer must begin the deposition with an on-the-record statement that includes: Unless the parties stipulate otherwise, a deposition must be conducted before an officer appointed or designated under Rule 28. For the purpose of this rule and Rules 28(a), 37(a)(2), and 37(b)(1), the deposition takes place where the deponent answers the questions. The parties may stipulate-or the court may on motion order-that a deposition be taken by telephone or other remote means. That party bears the expense of the additional record or transcript unless the court orders otherwise. With prior notice to the deponent and other parties, any party may designate another method for recording the testimony in addition to that specified in the original notice. Any party may arrange to transcribe a deposition. The noticing party bears the recording costs. Unless the court orders otherwise, testimony may be recorded by audio, audiovisual, or stenographic means. The party who notices the deposition must state in the notice the method for recording the testimony. The notice to a party deponent may be accompanied by a request under Rule 34 to produce documents and tangible things at the deposition. If a subpoena duces tecum is to be served on the deponent, the materials designated for production, as set out in the subpoena, must be listed in the notice or in an attachment. If the name is unknown, the notice must provide a general description sufficient to identify the person or the particular class or group to which the person belongs. The notice must state the time and place of the deposition and, if known, the deponent's name and address. A party who wants to depose a person by oral questions must give reasonable written notice to every other party. (b) Notice of the Deposition Other Formal Requirements. (B) if the deponent is confined in prison. (iii) the party seeks to take the deposition before the time specified in Rule 26(d), unless the party certifies in the notice, with supporting facts, that the deponent is expected to leave the United States and be unavailable for examination in this country after that time or (ii) the deponent has already been deposed in the case or (i) the deposition would result in more than 10 depositions being taken under this rule or Rule 31 by the plaintiffs, or by the defendants, or by the third-party defendants (A) if the parties have not stipulated to the deposition and: A party must obtain leave of court, and the court must grant leave to the extent consistent with Rule 26(b)(1) and (2): The deponent's attendance may be compelled by subpoena under Rule 45. A party may, by oral questions, depose any person, including a party, without leave of court except as provided in Rule 30(a)(2).
0 kommentar(er)
