(a) When depositions may be taken;
(a)(1) A party may take the testimony of anyperson, including a party, by deposition upon oral examination without leave ofcourt except as provided in paragraph (2). The attendance of witnesses may becompelled by subpoena as provided in Rule 45.
(a)(2) A party must obtain leave of court,which shall be granted to the extent consistent with the principles stated inRule 26(b)(3), if the person to be examined isconfined in prison or if, without the written stipulation of the parties:
(a)(2)(A) aproposed deposition would result in more than ten depositions being taken underthis rule or Rule 31 by the plaintiffs, or by the defendants, or by third-partydefendants;
(a)(2)(B) theperson to be examined already has been deposed in the case; or
(a)(2)(C) a partyseeks to take a deposition before the time specified in Rule 26(d) unless thenotice contains a certification, with supporting facts, that the person to beexamined is expected to leave the state and will be unavailable for examinationunless deposed before that time. The party or party?s attorney shall sign thenotice, and the signature constitutes a certification subject to the sanctionsprovided by Rule 11.
(b) Notice of examination; generalrequirements; special notice; non-stenographic recording; production ofdocuments and things; deposition of organization; deposition by telephone.
(b)(1) A party desiring to take the depositionof any person upon oral examination shall give reasonable notice in writing toevery other party to the action. The notice shall state the time and place fortaking 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 toidentify the person or the particular class or group to which the personbelongs. If a subpoena duces tecumis to be served on the person to be examined, the designation of the materialsto be produced as set forth in the subpoena shall be attached to or included inthe notice.
(b)(2) The party taking the deposition shallstate in the notice the method by which the testimony shall be recorded. Unlessthe court orders otherwise, it may be recorded by sound, sound-and-visual, orstenographic means, and the party taking thedeposition shall bear the cost of the recording.
(b)(3) With prior notice to the deponent andother parties, any party may designate another method to record the deponent'stestimony in addition to the method specified by the person taking thedeposition. The additional record or transcript shall be made at that party'sexpense unless the court otherwise orders.
(b)(4) Unless otherwise agreed by theparties, a deposition shall be conducted before an officer appointed ordesignated under Rule 28 and shall begin with a statement on the record by theofficer that includes (A) the officer's name and business address; (B) thedate, time and place of the deposition; (C) the name of the deponent; (D) theadministration of the oath or affirmation to the deponent; and (E) anidentification of all persons present. If the deposition is recorded other thanstenographically, the officer shall repeat items (A)through (C) at the beginning of each unit of tape or other recording medium.The appearance or demeanor of deponents or attorneys shall not be distortedthrough camera or sound-recording techniques. At the end of the deposition, theofficer shall state on the record that the deposition is complete and shall setforth any stipulations made by counsel concerning the custody of the transcriptor recording and the exhibits, or concerning other pertinent matters.
(b)(5) The notice to a party deponent may beaccompanied by a request made in compliance with Rule 34 for the production ofdocuments and tangible things at the taking of the deposition. The procedure ofRule 34 shall apply to the request.
(b)(6) A party may in the notice and in asubpoena name as the deponent a public or private corporation, a partnership,an association, or a governmental agency and describe with reasonableparticularity the matters on which examination is requested. In that event, theorganization so named shall designate one or more officers, directors, managingagents, or other persons who consent to testify on its behalf and may setforth, for each person designated, the matters on which the person willtestify. A subpoena shall advise a nonparty organization of its duty to makesuch a designation. The persons so designated shall testify as to matters knownor reasonably available to the organization. This Subdivision (b
(b)(7) The parties may stipulate in writingor the court may upon motion order that a deposition be taken by remoteelectronic means. For the purposes of this rule and Rules 28(a), 37(b
(c) Examination and cross-examination;record of examination; oath; objections. Examination and cross-examination ofwitnesses may proceed as permitted at the trial under the provisions of theUtah Rules of Evidence, except Rules 103 and 615. The officer before whom thedeposition is to be taken shall put the witnesses on oath or affirmation andshall personally, or by someone acting under the officer?s direction and in theofficer?s presence, record the testimony of the witness. All objections made atthe time of the examination to the qualifications of the officer taking thedeposition, to the manner of taking it, to the evidence presented, or to theconduct of any party and any other objection to the proceedings shall be notedby the officer upon the record of the deposition, but the examination shallproceed with the testimony being taken subject to the objections. In lieu ofparticipating in the oral examination, parties may serve written questions in asealed envelope on the party taking the deposition, and the party taking thedeposition shall transmit them to the officer, who shall propound them to thewitness and record the answers verbatim.
(d) Schedule and duration; motion toterminate or limit examination.
(d)(1) Any objection to evidence during a depositionshall be stated concisely and in a non-argumentative and non-suggestive manner.A person may instruct a deponent not to answer only when necessary to preservea privilege, to enforce a limitation on evidence directed by the court, or topresent a motion under paragraph (4).
(d)(2) Unless otherwise authorized by thecourt or stipulated by the parties, a deposition is limited to one day of sevenhours. The court must allow additional time consistent with Rule 26(b
(d)(3) If the court finds that anyimpediment, delay, or other conduct has frustrated the fair examination of thedeponent, it may impose upon the persons responsible an appropriate sanction,including the reasonable costs and attorney fees incurred by any parties as aresult thereof.
(d)(4) At any time during the taking of thedeposition, on motion of a party or of the deponent and upon a showing that theexamination is being conducted in bad faith or in such manner as unreasonablyto annoy, embarrass, or oppress the deponent or party, the court in which theaction is pending or the court in the district where the deposition is beingtaken may order the officer conducting the examination to cease forthwith fromtaking the deposition, or may limit the scope and manner of the taking of thedeposition as provided in Rule 26(c). If the order made terminates theexamination, it shall be resumed thereafter only upon the order of the court inwhich the action is pending. Upon demand of the objecting party or deponent,the taking of the deposition shall be suspended for the time necessary to makea motion for an order. The provisions of Rule 37(a)(4)apply to the award of expenses incurred in relation to the motion.
(e) Submission to witness; changes; signing.If requested by the deponent or a party before completion of the deposition,the deponent shall have 30 days after being notified by the officer that thetranscript or recording is available in which to review the transcript orrecording and, if there are changes in form or substance, to sign a statementreciting such changes and the reasons given by the deponent for making them.The officer shall indicate in the certificate prescribed by subdivision (f)(1)whether any review was requested and, if so, shall append any changes made bythe deponent during the period allowed.
(f) Record of deposition; certification anddelivery by officer; exhibits; copies.
(f)(1) The transcript or other recording ofthe deposition made in accordance with this rule shall be the record of thedeposition. The officer shall sign a certificate, to accompany the record ofthe deposition, that the witness was duly sworn and that the transcript orother recording is a true record of the testimony given by the witness. Unlessotherwise ordered by the court, the officer shall securely seal the record ofthe deposition in an envelope endorsed with the title of the action and marked "Depositionof" and shall promptly send the sealed record of the deposition to theattorney who arranged for the transcript or other record to be made. If theparty taking the deposition is not represented by an attorney, the record ofthe deposition shall be sent to the clerk of the court for filing unlessotherwise ordered by the court. An attorney receiving the record of thedeposition shall store it under conditions that will protect it against loss,destruction, tampering, or deterioration.
(f)(2) Documents and things produced forinspection during the examination of the witness shall, upon the request of aparty, be marked for identification and annexed to the record of the depositionand may be inspected and copied by any party, except that, if the personproducing the materials desires to retain them, that person may (A) offercopies to be marked for identification and annexed to the record of thedeposition and to serve thereafter as originals, if the person affords to allparties fair opportunity to verify the copies by comparison with the originals,or (B) offer the originals to be marked for identification, after giving toeach party an opportunity to inspect and copy them, in which event theoriginals may be used in the same manner as if annexed to the record of thedeposition. Any party may move for an order that the originals be annexed toand returned with the record of the deposition to the court, pending finaldisposition of the case.
(f)(3) Unless otherwise ordered by the courtor agreed by the parties, the officer shall retain stenographic notes of anydepositions taken stenographically or a copy of therecording of any deposition taken by another method. Upon payment of reasonablecharges therefor, the officer shall furnish a copy ofthe record of the deposition to any party or to the deponent. Any party or thedeponent may arrange for a transcription to be made from the recording of adeposition taken by non-stenographic means.
(g) Failure to attend or to serve subpoena;expenses.
(g)(1) If the party giving the notice of thetaking of a deposition fails to attend and proceed therewith and another partyattends in person or by attorney pursuant to the notice, the court may orderthe party giving the notice to pay to such other party the reasonable expensesincurred by him and his attorney in attending, including reasonable attorney'sfees.
(g)(2) If the party giving the notice of thetaking of a deposition of a witness fails to serve a subpoena upon him and thewitness because of such failure does not attend, and if another party attendsin person or by attorney because he expects the deposition of that witness tobe taken, the court may order the party giving the notice to pay to such otherparty the reasonable expenses incurred by him and his attorney in attending,including reasonable attorney's fees.