(a) WHENADEPOSITIONMAYBETAKEN.
(1) Without Leave. A party may, by written questions, depose
any person, including a party, without leave of court except as
provided in Rule 31(a)(2). The deponent’s attendance may be
compelled by subpoena under Rule 45.
(2) With Leave. A party must obtain leave of court, and the
court must grant leave to the extent consistent with Rule
26(b)(1) and (2):
(A) if the parties have not stipulated to the deposition
and:
(i) the deposition would result in more than 10 depo-
sitions being taken under this rule or Rule 30 by the
plaintiffs, or by the defendants, or by the third-party
defendants;
(ii) the deponent has already been deposed in the
case; or
(iii) the party seeks to take a deposition before the
time specified in Rule 26(d); or
(B) if the deponent is confined in prison.
(3) Service; Required Notice. A party who wants to depose a
person by written questions must serve them on every other
party, with a notice stating, if known, the deponent’s name
and address. 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 no-
tice must also state the name or descriptive title and the ad-
dress of the officer before whom the deposition will be taken.
(4) Questions Directed to an Organization. A public or private
corporation, a partnership, an association, or a governmental
agency may be deposed by written questions in accordance
with Rule 30(b)(6).
(5) Questions from Other Parties. Any questions to the depo-
nent from other parties must be served on all parties as fol-
lows: cross-questions, within 14 days after being served with
the notice and direct questions; redirect questions, within 7
days after being served with cross-questions; and recross-ques-
tions, within 7 days after being served with redirect questions.
The court may, for good cause, extend or shorten these times.
(b) DELIVERY TO THE OFFICER; OFFICER’S DUTIES. The party who
noticed the deposition must deliver to the officer a copy of all the
questions served and of the notice. The officer must promptly pro-
ceed in the manner provided in Rule 30(c), (e), and (f) to:
(1) take the deponent’s testimony in response to the ques-
tions;
(2) prepare and certify the deposition; and
(3) send it to the party, attaching a copy of the questions
and of the notice.
(c) NOTICEOFCOMPLETIONORFILING.
(1) Completion. The party who noticed the deposition must
notify all other parties when it is completed.
(2) Filing. A party who files the deposition must promptly
notify all other parties of the filing.
(As amended Mar. 30, 1970, eff. July 1, 1970; Mar. 2, 1987, eff. Aug.
1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 2007;
Apr. 29, 2015, eff. Dec. 1, 2015.)
. Using Depositions in Court Proceedings
(a) USINGDEPOSITIONS.
(1) In General. At a hearing or trial, all or part of a deposi-
tion may be used against a party on these conditions:
(A) the party was present or represented at the taking of
the deposition or had reasonable notice of it;
(B) it is used to the extent it would be admissible under
the
Federal Rules of Evidence if the deponent were present
and testifying; and
(C) the use is allowed by Rule 32(a)(2) through (8).
(2) Impeachment and Other Uses. Any party may use a deposi-
tion to contradict or impeach the testimony given by the de-
ponent as a witness, or for any other purpose allowed by the
Federal Rules of Evidence.
(3) Deposition of Party, Agent, or Designee. An adverse party
may use for any purpose the deposition of a party or anyone
who, when deposed, was the party’s officer, director, managing
agent, or designee under Rule 30(b)(6) or 31(a)(4).
(4) Unavailable Witness. A party may use for any purpose the
deposition of a witness, whether or not a party, if the court
finds:
(A) that the witness is dead;
(B) that the witness is more than 100 miles from the
place of hearing or trial or is outside the United States,
unless it appears that the witness’s absence was procured
by the party offering the deposition;
(C) that the witness cannot attend or testify because of
age, illness, infirmity, or imprisonment;
(D) that the party offering the deposition could not pro-
cure the witness’s attendance by subpoena; or
(E) on motion and notice, that exceptional circum-
stances make it desirable—in the interest of justice and
with due regard to the importance of live testimony in
open court—to permit the deposition to be used.
(5) Limitations on Use.
(A) Deposition Taken on Short Notice. A deposition must
not be used against a party who, having received less than
14 days’ notice of the deposition, promptly moved for a
protective order under Rule 26(c)(1)(B) requesting that it
not be taken or be taken at a different time or place—and
this motion was still pending when the deposition was
taken.
(B) Unavailable Deponent; Party Could Not Obtain an At-
torney. A deposition taken without leave of court under
the unavailability provision of Rule 30(a)(2)(A)(iii) must
not be used against a party who shows that, when served
with the notice, it could not, despite diligent efforts, ob-
tain an attorney to represent it at the deposition.
(6) Using Part of a Deposition. If a party offers in evidence
only part of a deposition, an adverse party may require the of-
feror to introduce other parts that in fairness should be con-
sidered with the part introduced, and any party may itself in-
troduce any other parts.
(7) Substituting a Party. Substituting a party under Rule 25
does not affect the right to use a deposition previously taken.
(8) Deposition Taken in an Earlier Action. A deposition law-
fully taken and, if required, filed in any federal- or state-court
action may be used in a later action involving the same sub-
ject matter between the same parties, or their representatives
or successors in interest, to the same extent as if taken in the
later action. A deposition previously taken may also be used
as allowed by the
Federal Rules of Evidence.
(b) OBJECTIONS TO ADMISSIBILITY. Subject to Rules 28(b) and
32(d)(3), an objection may be made at a hearing or trial to the ad-
mission of any deposition testimony that would be inadmissible if
the witness were present and testifying.
(c) FORM OF PRESENTATION. Unless the court orders otherwise, a
party must provide a transcript of any deposition testimony the
party offers, but may provide the court with the testimony in non-
transcript form as well. On any party’s request, deposition testi-
mony offered in a jury trial for any purpose other than impeach-
ment must be presented in nontranscript form, if available, unless
the court for good cause orders otherwise.
(d) WAIVEROFOBJECTIONS.
(1) To the Notice. An objection to an error or irregularity in
a deposition notice is waived unless promptly served in writ-
ing on the party giving the notice.
(2) To the Officer’s Qualification. An objection based on dis-
qualification of the officer before whom a deposition is to be
taken is waived if not made:
(A) before the deposition begins; or
(B) promptly after the basis for disqualification becomes
known or, with reasonable diligence, could have been
known.
(3) To the Taking of the Deposition.
(A) Objection to Competence, Relevance, or Materiality. An
objection to a deponent’s competence—or to the com-
petence, relevance, or materiality of testimony—is not
waived by a failure to make the objection before or during
the deposition, unless the ground for it might have been
corrected at that time.
(B) Objection to an Error or Irregularity. An objection to
an error or irregularity at an oral examination is waived
if:
(i) it relates to the manner of taking the deposition,
the form of a question or answer, the oath or affirma-
tion, a party’s conduct, or other matters that might
have been corrected at that time; and
(ii) it is not timely made during the deposition.
(C) Objection to a Written Question. An objection to the
form of a written question under Rule 31 is waived if not
served in writing on the party submitting the question
within the time for serving responsive questions or, if the
question is a recross-question, within 7 days after being
served with it.
(4) To Completing and Returning the Deposition. An objection
to how the officer transcribed the testimony—or prepared,
signed, certified, sealed, endorsed, sent, or otherwise dealt
with the deposition—is waived unless a motion to suppress is
made promptly after the error or irregularity becomes known
or, with reasonable diligence, could have been known.