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TITLE 26 App. > TITLE VII. > Rule 74. Depositions for Discovery Purposes

Rule 74. Depositions for Discovery Purposes—Upon Consent of Parties

(a) Depositions in Pending Cases: Upon consent of all the parties to a case, and within the time limits provided in Rule 70 (a)(2), a deposition for discovery purposes may be taken of either a party or a nonparty witness. Such consent shall be set forth in a stipulation filed in duplicate with the Court, which shall contain the information required in Rule 81 (d) and which otherwise shall be subject to the procedure provided in Rule 81 (d). Unless the Court shall determine otherwise for good cause shown, the taking of such a deposition will not be regarded as sufficient ground for granting a continuance from a date or place of trial theretofore set.
(b) Notice to Nonparty Witness: A notice of deposition shall be served on a nonparty witness. The notice shall state that the deposition is to be taken under Rule 74 and shall set forth the name of the party or parties seeking the deposition, the time and place proposed for the deposition, and the name of the officer before whom the deposition is to be taken. If the deposition is to be taken on written questions, then a copy of the written questions shall be annexed to the notice. With respect to the deposition of an organization described in Rule 81 (c), the notice shall also set forth the information required under that Rule, and the organization shall make the designation authorized by that Rule.
(c) Objection by Nonparty Witness: Within 15 days after service of the notice of deposition, a nonparty witness shall serve on the parties seeking the deposition any objections to the deposition. The burden shall be upon a party seeking the deposition to move for an order with respect to such objection or other failure of the nonparty witness, and such party shall annex to any such motion the notice of deposition with proof of service thereof, together with a copy of the response and objections, if any.
(d) Transcript: A transcript shall be made of every deposition taken under this Rule, but the transcript and exhibits introduced in connection with the deposition shall not be filed with the Court. See Rule 81 (h)(3).
(e) Depositions Upon Written Questions: Depositions under this Rule may be taken upon written questions rather than upon oral examination. The use of such written questions is not favored, and the deposition should not be taken in this manner in the absence of a special reason. See Rule 84 (a). There shall be an opportunity for cross-questions and redirect questions to the same extent and within the same time periods as provided in Rule 84 (b) (starting with service of the notice of deposition rather than service of an application). With respect to taking the deposition, the procedure of Rule 84 (c) shall apply.
(f) Other Applicable Rules: Depositions for discovery purposes under this Rule shall be governed by the provisions of the following Rules with respect to the matters to which they apply: Rule 81 (e) (persons before whom deposition taken), 81(f) (taking of deposition), 81(g) (expenses), 81(h) (execution, form and return of deposition), 81(i) (use of deposition); and Rule 85 (b), (c), (d), and (e) (objections and irregularities). For Rules concerned with the timing and frequency of depositions, supplementation of answers, protective orders, effect of evasive or incomplete answers or responses, and sanctions and enforcement action, see Title X.

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