![]() This section permits a deposition by telephone. If a party shows that when he was served with notice under this subdivision (b)(2) he was unable through the exercise of diligence to obtain counsel to represent him at the taking of the deposition, the deposition may not be used against him. The sanctions provided by Rule 11 are applicable to the certification. The plaintiff's attorney shall sign the notice, and his signature constitutes a certification by him that to the best of his knowledge, information, and belief the statement and supporting facts are true. (2) Leave of court is not required for the taking of a deposition by plaintiff if the notice (A) states that the person to be examined is about to go more than 100 miles from the place of trial, or is about to go out of the State, or is bound on a voyage to sea, and will be unavailable for examination unless his deposition is taken before expiration of the 30-day period provided in Rule 30(a)(1), and (B) sets forth facts to support the statement. Rule 30(b)(3) permits the court to shorten or lengthen this period. The change alters the Federal Rule which requires reasonable notice of deposition to conform to present State practice requiring ten days notice of deposition. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. (1) A party desiring to take the deposition of any person upon oral examination shall give ten (10) days notice in writing to every other party to the action. (b) Notice of Examination: General Requirements Special Notice Non-stenographic Recording Production of Documents and Things Deposition of Organization Deposition by Telephone. The rule is amended to add that a party may be deposed in the county where the action is pending, as well as where the deponent resides, or is employed or transacts business in person, or where set by order of the court. Rule 30(a)(2) previously established the counties in which a witness, but not a party, could be deposed. This rule shall not apply to those cases where the amount in controversy is less than the sum of $10,000.00, unless the parties or their counsel agree otherwise, or unless the court should so order upon good cause shown. The deposition of any party or witness may only be taken one time in any case except by agreement of the parties through their counsel or by order of the court for good cause shown.Ī witness attending any deposition held pursuant to these rules shall receive for each day's attendance and for the time necessarily occupied in going to and returning from the same, $25.00 per day, and mileage for going from and returning to his place of residence, in the same amounts as provided by law for official travel of state officers and employees. A party may be compelled to attend in the county in which the subject civil action is pending, or in the county in which he resides or is employed or transacts business, or at such other convenient place as is fixed by an order of the court. A witness may be compelled to attend in the county in which he resides or is employed or transacts his business in person, or at such other convenient place as is fixed by an order of the court. It is drawn from the current Rule 30(a) of the Federal Rules. This language is similar to that currently found in Circuit Court Rule 87A. ![]()
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