R151-4-603. Notice of Deposition - Requirements

(1) A party permitted to take a deposition shall give notice as provided in this subsection. (a) The party deposing a witness shall give reasonable notice in writing to every other party. (b)(i) The notice shall state the date, time, and place for the deposition and the name and address of each witness. (ii) If the name of a witness is not known, the notice shall describe the witness sufficiently to identify the person or state the class or group to which the person belongs. (c) The notice to a party deponent may be accompanied by a request in compliance with Section R151-4-514 for the production of documents and tangible things at the deposition. (d) The notice shall designate the person who will conduct the deposition. (2)(a) If a deponent is a public or private corporation, a partnership, an association, or a government agency, the notice shall: (i) describe with reasonable particularity the matters on which questioning is requested; (ii) direct the organization to designate one or more officers, directors, managing agents, or other persons to testify on its behalf; and (iii) for each person designated, state the matters on which the person will testify. (b) A subpoena shall advise a nonparty organization of its duty to make such a designation. (c) The person so designated shall testify as to matters known or reasonably available to the organization. (3)(a) The parties may stipulate in writing or, upon motion, the presiding officer may order in writing that the testimony at a deposition be recorded by means other than stenographic means. (b) The stipulation or order: (i) shall designate the person before whom the deposition shall be taken; (ii) shall designate the manner of recording, preserving and filing the deposition; and (iii) may include other provisions to assure the recorded testimony will be accurate and trustworthy. (c) A party may arrange to have a transcript made at the party's own expense. (d) A deposition recorded by means other than stenographic means shall set forth in writing: (i) any objections; (ii) any changes made by the witness; (iii) the signature of the witness identifying the deposition as the witness's own or the statement of the court reporter required if the witness does not sign; and (iv) a certification by the court reporter that the witness was under oath or affirmation and that the record is a true record of the deposition. (4) The parties may stipulate in writing or, upon motion, the presiding officer may order a deposition be taken electronically by audio, video, or audio and video.