Supreme Court Rules - Rule 57 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Interrogatories and Depositions: Depositions Upon Written Questions

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Supreme Court Rules

		Section/Rule:	57.04
Subject:	Rule 57 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Interrogatories and Depositions	Publication / Adopted Date:	March 29, 1974
Topic:	Depositions Upon Written Questions	Revised / Effective Date:	September 2, 2021

57.04. Depositions Upon Written Questions

(a) Serving Questions; Notice.

(1) After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon written questions, without leave of court, except as specified in paragraph (2) of this subdivision. The attendance of witnesses may be compelled by the use of subpoena as provided in Rule

57.09

(2) Leave of court, granted with or without notice, must be obtained only if:

(A) the parties have not stipulated to the deposition and:

(i) the deposition would result in more than 10 depositions being taken under this Rule or Rule

57.03

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 plaintiff seeks to take a deposition prior to the expiration of 30 days after service of the summons and petition upon any defendant, except that leave is not required if a defendant has served a notice of taking deposition or otherwise sought discovery; or

(B) the deponent is confined in prison.

(3) A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating: (A) the name and address of the person who is to answer them, if known, and if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs and (B) the name or descriptive title and address of the officer before whom the deposition is to be taken. A deposition upon written questions may be taken of a public or private corporation or a partnership or association or governmental agency in accordance with the provisions of Rule

57.03(b)(4)

(4) Within 30 days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within 10 days after being served with cross questions, a party may serve redirect questions upon all other parties. Within 10 days after being served with redirect questions, a party may serve recross questions upon all other parties. The court may for cause shown enlarge or shorten the time.

(

)

Officer to Take Responses and Prepare Record.

A copy of the notice and copies of all questions served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by Rule

57.03(d), (f), and (g)

, to take the testimony of the witness in response to the questions and to prepare, certify, and deliver the deposition, attaching thereto the copy of the notice and the questions.

(

)

Notice of Delivery.

When the deposition is delivered, the party taking it promptly shall give notice thereof of all other parties.

(Adopted March 29, 1974, eff. Jan. 1, 1975. Amended June 1, 1993, eff. Jan. 1, 1994; Sept. 28, 1993, eff. Jan. 1, 1994; Mar. 2, 2021, eff. Sept. 2, 2021(includes changes found in SB 224 (2019).)