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Rule 30. Depositions upon oral questions.

(a) When depositions may be taken; when leaverequired. A party maydepose a party or witness by oral questions. A witness may not be deposed morethan once in standard discovery. An expert who has prepared a report disclosedunder Rule 26(a)(4)(B)may not be deposed.

(b) Notice of deposition; general requirements; special notice; non-stenographicrecording; production of documents and things; deposition of organization;deposition by telephone.

(b)(1) The party deposing a witness shall give reasonablenotice in writing to every other party. The notice shall state the date, timeand place for the deposition and the name and address of each witness. If thename of a witness is not known, the notice shall describe the witnesssufficiently to identify the person or state the class or group to which theperson belongs. The notice shall designate any documents and tangible things tobe produced by a witness. The notice shall designate the officer who willconduct the deposition.

(b)(2) The notice shall designate the method by which thedeposition will be recorded. With prior notice to the officer, witness andother parties, any party may designate a recording method in addition to themethod designated in the notice. Depositions may be recorded by sound,sound-and-visual, or stenographic means, and the party designating therecording method shall bear the cost of the recording. The appearance ordemeanor of witnesses or attorneys shall not be distorted through recordingtechniques.

(b)(3) A deposition shall be conducted before an officerappointed or designated under Rule 28 andshall begin with a statement on the record by the officer that includes (A) theofficer's name and business address; (B) the date, time and place of thedeposition; (C) the name of the witness; (D) the administration of the oath oraffirmation to the witness; and (E) an identification of all persons present.If the deposition is recorded other than stenographically, the officer shallrepeat items (A) through (C) at the beginning of each unit of the recordingmedium. At the end of the deposition, the officer shall state on the recordthat the deposition is complete and shall state any stipulations.

(b)(4) The notice to a party witness may be accompanied by arequest under Rule 34 for theproduction of documents and tangible things at the deposition. The procedure ofRule 34 shallapply to the request. The attendance of a nonparty witness may be compelled bysubpoena under Rule 45.Documents and tangible things to be produced shall be stated in the subpoena.

(b)(5) A deposition may be taken by remote electronic means.A deposition taken by remote electronic means is considered to be taken at theplace where the witness is located.

(b)(6) A party may name as the witness a corporation, apartnership, an association, or a governmental agency, describe with reasonableparticularity the matters on which questioning is requested, and direct theorganization to designate one or more officers, directors, managing agents, orother persons to testify on its behalf. The organization shall state, for eachperson designated, the matters on which the person will testify. A subpoenashall advise a nonparty organization of its duty to make such a designation.The person so designated shall testify as to matters known or reasonablyavailable to the organization.

(c) Examination and cross-examination;objections.

(c)(1) Questioning of witnesses may proceed as permitted atthe trial under the Utah Rules of Evidence, except Rules 103 and 615.

(c)(2) All objections shall be recorded, but the questioningshall proceed, and the testimony taken subject to the objections. Any objectionshall be stated concisely and in a non-argumentative and non-suggestive manner.A person may instruct a witness not to answer only to preserve a privilege, toenforce a limitation on evidence directed by the court, or to present a motionfor a protective order under Rule 37. Upondemand of the objecting party or witness, the deposition shall be suspended forthe time necessary to make a motion. The party taking the deposition maycomplete or adjourn the deposition before moving for an order to compeldiscovery under Rule 37.

(d) Limits. During standard discovery, oral questioning of a nonparty shallnot exceed four hours, and oral questioning of a party shall not exceed sevenhours.

(e) Submission to witness; changes; signing. Within 28 days after being notified by the officer that thetranscript or recording is available, a witness may sign a statement of changesto the form or substance of the transcript or recording and the reasons for thechanges. The officer shall append any changes timely made by the witness.

(f) Record of deposition; certification anddelivery by officer; exhibits; copies.

(f)(1) The officer shall record the deposition or directanother person present to record the deposition. The officer shall sign acertificate, to accompany the record, that the witness was under oath oraffirmation and that the record is a true record of the deposition. The officershall keep a copy of the record. The officer shall securely seal the recordendorsed with the title of the action and marked "Deposition of (name). Donot open." and shall promptly send the sealed record to the attorney orthe party who designated the recording method. An attorney or party receivingthe record shall store it under conditions that will protect it against loss,destruction, tampering, or deterioration.

(f)(2) Every party may inspect and copy documents and thingsproduced for inspection and must have a fair opportunity to compare copies andoriginals. Upon the request of a party, documents and things produced forinspection shall be marked for identification and added to the record. If thewitness wants to retain the originals, that person shall offer the originals tobe copied, marked for identification and added to the record.

(f)(3) Upon payment of reasonable charges, the officer shallfurnish a copy of the record to any party or to the witness.

(g) Failure to attend or to serve subpoena;expenses. If the partygiving the notice of a deposition fails to attend or fails to serve a subpoenaupon a witness who fails to attend, and another party attends in person or byattorney, the court may order the party giving the notice to pay to the otherparty the reasonable costs, expenses and attorney fees incurred.

(h) Deposition in action pending in anotherstate. Any party to anaction in another state may take the deposition of any person within this statein the same manner and subject to the same conditions and limitations as ifsuch action were pending in this state. Notice of the deposition shall be filedwith the clerk of the court of the county in which the person whose depositionis to be taken resides or is to be served. Matters required to be submitted tothe court shall be submitted to the court in the county where the deposition isbeing taken.

(i) Stipulationsregarding deposition procedures. The parties may by written stipulation provide thatdepositions may be taken before any person, at any time or place, upon anynotice, and in any manner and when so taken may be used like other depositions.