57.01 | Interrogatories to Parties57.02 | Depositions Before Action or Pending Appeal57.03 | Depositions Upon Oral Examination57.04 | Depositions Upon Written Questions57.05 | Persons Before Whom Depositions May Be Taken57.06 | Presiding Officer For Deposition57.07 | Use of Depositions in Court Proceedings57.08 | Depositions for Use in Foreign Jurisdictions57.09 | Subpoena for Taking Deposition57.10 | Taxing and Certifying Costs
First Adopted: March 29, 1974
Most Recently Effective: December 01, 2021
Rule 57 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Interrogatories and Depositions
57.01 | Interrogatories to Parties
(a) Scope. Unless otherwise stipulated, ordered by the court, or approved by local rule pursuant to Rule 56.01(b)(8), any party may serve upon any other party no more than 25 written interrogatories, including all discrete subparts. Interrogatories may relate to any matter that can be inquired into under Rule 56.01. An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such an interrogatory need not be answered until after designated discovery has been completed or until a pretrial conference or other later time.
(b) Issuance.
(1) Form. Interrogatories shall be in consecutively numbered paragraphs. The title shall identify the party to whom they are directed and state the number of the set of interrogatories directed to that party.
(2) When Interrogatories May Be Served. Without leave of court, interrogatories may be served on:
(A) A plaintiff after commencement of the action, and
(B) Any other party with or after the party was served with process, entered an appearance, or filed a pleading.
(3) Service. Copies of the interrogatories shall be served on all parties not in default. The party issuing the interrogatories shall also provide each answering party an electronic copy, in a commonly used medium such as a diskette, CD-ROM or as an e-mail attachment, in a format that can be read by most commonly used word processing programs, such as Word for Windows or WordPerfect 5.x or higher. In addition to the information normally in a certificate of service, the certificate of service shall also state:
(A) The name of each party who is to respond to the interrogatories;
(B) The number of the set of interrogatories,
(C) The format of the electronic copy and the medium used to transmit the electronic copy to the responding party.
At the time of service, a certificate of service, but not the interrogatories, shall be filed with the court as provided in Rule 57.01(d).
(c) Response. The interrogatories shall be answered by each party to whom they are directed. If they are directed to a public or private corporation, limited liability company, partnership, association, or governmental agency, they shall be answered by an officer or agent. The party answering the interrogatories shall furnish such information as is available to the party.
(1) When the Response Is Due. Responses shall be served within 30 days after the service of the interrogatories. A defendant, however, shall not be required to respond to interrogatories before the expiration of 45 days after the earlier of:
(A) The date the defendant enters an appearance, or
(B) The date the defendant is served with process.
The court may allow a shorter or longer time.
(2) Form. The title of the response shall identify the responding party and the number of the set of interrogatories. The response to the interrogatories shall quote each interrogatory, including its original paragraph number, and immediately thereunder state the answer or all reasons for not completely answering the interrogatory, including privileges, the work product doctrine, and objections.
(3) Objections and Privileges. If information is withheld because of an objection, then each reason for the objection shall be stated. If a privilege or the work product doctrine is asserted as a reason for withholding information, then without revealing the protected information, the objecting party shall state information that will permit others to assess the applicability of the privilege or work product doctrine.
(4) Option to Produce Business Records. If the answer to an interrogatory may be derived or ascertained from:
(A) The business records of the party upon whom the interrogatory has been served,
(B) An examination, audit, or inspection of such business records, or
(C) A compilation, abstract, or summary based thereon, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit, or inspect such records and to make copies, compilations, abstracts, or summaries.
(5) Signing. Answers shall be signed under oath by the person making them. Objections shall be signed by the attorney making them or by the self-represented party.
(6) Service. The party to whom the interrogatories were directed shall serve a signed original of the answers and objections, if any, on the party that issued the interrogatories and a copy on all parties not in default. The certificate of service shall state the name of the party who issued the interrogatories and the number of the set of interrogatories.
At the time of service, a certificate of service, but not the response, shall be filed with the court as provided in Rule 57.01(d).
(d) Filing. Interrogatories and answers under this Rule 57.01 shall not be filed with the court except upon court order or contemporaneously with a motion placing the interrogatories in issue. However, both when the interrogatories and answers are served, the party serving them shall file with the court a certificate of service.
The certificate shall show the caption of the case, the name of the party served, the date and manner of service, the designation of the document, e.g., first interrogatories or answers to second interrogatories, and the signature of the serving party or attorney. The answers bearing the original signature of the party answering the interrogatories shall be served on the party submitting the interrogatories, who shall be the custodian thereof until the entire case is finally disposed.
Copies of interrogatory answers may be used in all court proceedings to the same extent the original answers may be used.
(e) Enforcement. The party submitting the interrogatory may move for an order under Rule 61.01(b) with respect to any objection to or other failure to answer an interrogatory.
(f) Use at Trial. Interrogatory answers may be used to the extent permitted by the rules of evidence.
(Adopted March 29, 1974, effective January 1, 1975. Amended June 1, 1993, effective January 1, 1994; amended September 26, 1995, effective July 1, 1996; amended April 27, 1999, effective January 1, 2000; amended June 21, 2005, effective January 1, 2006; amended December 22, 2009, effective July 1, 2010; amended March 2, 2021, effective September 2, 2021; amended June 1, 2021, effective December 1, 2021.)
First Adopted: March 29, 1974
Most Recently Effective: January 01, 1994
Rule 57 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Interrogatories and Depositions
57.02 | Depositions Before Action or Pending Appeal
(a) Before Action.
(1) Petition. A person who desires to perpetuate testimony of any person regarding any matter that may be cognizable in any court of Missouri may file a verified petition in the circuit court in the county of the residence of any expected adverse party. The petition shall be captioned in the name of the petitioner and shall show: (1) that the petitioner expects to be a party to an action cognizable in a court of Missouri but is presently unable to bring it or cause it to be brought, (2) the subject matter of the expected action and the petitioner's interest therein, (3) the facts desired to be established by the proposed testimony and the reasons for desiring to perpetuate it, (4) the names or a description of the persons expected to be adverse parties and their addresses so far as known, and (5) the names and addresses of the persons to be examined and the substance of the testimony that is expected to be elicited from each.
The petitioner shall ask for an order authorizing the taking of the depositions of the persons to be examined named in the petition, for the purpose of perpetuating their testimony.
(2) Notice and Service. The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will apply to the court, at a time and place named therein, for the order described in the petition. At least thirty days before the date of hearing, the notice shall be served either within or without the state in the manner provided for service of summons; but if such service cannot with due diligence be made upon any expected adverse party named in the petition, the court may make such order as is just for service by publication or otherwise and shall appoint, for persons not personally served with a summons in this state, an attorney who shall represent them and, in case they are not otherwise represented, shall cross-examine the deponent. If any expected adverse party is a minor or incompetent the provisions of Rule 52.02 apply.
(3) Order and Examination. If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depositions may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written questions. The depositions may then be taken in accordance with these Rules; and the court may make orders of the kind provided for by Rules 58.01 and 60.01. For the purpose of applying these Rules to depositions for perpetuating testimony, each reference therein to the court in which the action is pending shall be considered as referring to the court in which the petition for such deposition was filed.
(4) Use of Deposition. If a deposition to perpetuate testimony is taken under these Rules, it may be used in any action involving the same subject matter subsequently brought in a court of Missouri, in accordance with the provisions of Rule 57.07.
(b) Pending Appeal. If an appeal has been taken from a judgment of a circuit court or before the taking of an appeal if the time therefor has not expired, the court in which the judgment was rendered may allow the taking of the depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the circuit court. In such case, the party who desires to perpetuate the testimony may make a motion in the circuit court for leave to take the depositions, upon the same notice and service thereof as if the action were pending in that court. The motion shall show (1) the names and addresses of persons to be examined and the substance of the testimony expected to be elicited from each and (2) the reasons for perpetuating their testimony. If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the deposition to be taken and may make orders of the character provided for in Rule 58.01 and Rule 60.01, and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in these rules for depositions taken in actions pending in that court.
(c) Perpetuation by Action. This Rule does not limit the power of a court to entertain an action to perpetuate testimony.
Committee Note – 1974
This is substantially the same as Rule 27 of the Federal Rules of Civil Procedure except the time period which must elapse between service of notice and the hearing of the petition was lengthened to 30 days.
(Adopted March 29, 1974, effective January 1, 1975. Amended September 28, 1993, effective January 1, 1994.)
First Adopted: March 29, 1974
Most Recently Effective: July 01, 2022
Rule 57 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Interrogatories and Depositions
57.03 | Depositions Upon Oral Examination
(a) When Depositions May Be Taken.
(1) After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination without leave of court, except as specified in paragraph (2) of this subdivision. The attendance of witnesses may be compelled by subpoena as provided in Rule 57.09. The attendance of a party is compelled by notice as provided in subdivision (b) of this Rule.
(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 57.04 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.
(b) Notice of Examination: General Requirements; Special Notice; Production of Documents and Things; Deposition of Organization.
(1) A party desiring to take the deposition of any person upon oral examination shall give not less than seven days notice in writing to every other party to the action and to a non-party deponent.
The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known. 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 shall be stated.
If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice.
The parties may stipulate, or the court may upon motion order, that the deposition be taken by telephone or other remote means such as videoconferencing or teleconferencing. An officer authorized to administer any oath or affirmation required can so administer the oath or affirmation through such means without being in the physical presence of the witness.
Any attorney of record in the proceeding or any attorney for the deponent may participate in the deposition by telephone or other remote means, including videoconferencing or teleconferencing, but it shall be the sole responsibility of the attorney to make such arrangements as are necessary to so participate in the deposition.
(2) The court may for cause shown enlarge or shorten the time for taking the deposition.
(3) The notice to a party deponent may be accompanied by a request made in compliance with Rule 58.01 for the production of documents and tangible things at the taking of the deposition. The procedure of Rule 58.01 shall apply to the request.
(4) A party may in the notice and in a subpoena name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested. In that event, the organization so named shall designate one or more officers, directors, managing agents, or other persons who consent to testify on its behalf and may set forth, for each person designated, the matters on which the person will testify. A subpoena shall advise a non-party organization of its duty to make such a designation. The persons so designated shall testify as to matters known or reasonably available to the organization. This Rule 57.03(b)(4) does not preclude taking a deposition by any other procedure authorized in these rules.
(5) Duration. Unless otherwise stipulated or ordered by the court, a deposition shall be limited to one day of seven hours. The court may allow additional time consistent with Rule 56.01 if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.
(6) Sanction. The court may impose an appropriate sanction, including the reasonable expenses and attorney fees incurred by any party, on a person who impedes, delays, or frustrates the fair examination of the deponent.
(c) Non-stenographic Recording – Videotape. Depositions may be recorded by the use of videotape or similar methods. The recording of the deposition by videotape shall be in addition to a usual recording and transcription method unless the parties otherwise agree.
(1) If the deposition is to be recorded by videotape, every notice or subpoena for the taking of the deposition shall state that it is to be videotaped and shall state the name, address, and employer of the recording technician. If a party upon whom notice for the taking of a deposition has been served desires to have the testimony additionally recorded by other than stenographic means, that party shall serve notice on the opposing party and the witness that the proceedings are to be videotaped. Such notice must be served not less than three days prior to the date designated in the original notice for the taking of the depositions and shall state the name, address, and employer of the recording technician.
(2) Where the deposition has been recorded only by videotape and if the witness and parties do not waive signature, a written transcription of the audio shall be prepared to be submitted to the witness for signature as provided in Rule 57.03(f).
(3) The witness being deposed shall be sworn as a witness on camera by an authorized person.
(4) More than one camera may be used, either in sequence or simultaneously.
(5) The attorney for the party requesting the videotaping of the deposition shall take custody of and be responsible for the safeguarding of the videotape and shall, upon request, permit the viewing thereof by the opposing party and, if requested, shall provide a copy of the videotape at the cost of the requesting party.
(6) Unless otherwise stipulated to by the parties, the expense of videotaping is to be borne by the party utilizing it and shall not be taxed as costs.
(d) Record of Examination; Oath; Objections. The officer before whom the deposition is to be taken shall put the witness on oath or affirmation and shall personally, or by someone acting under the officer's direction and in the officer's presence, record the testimony of the witness. The testimony shall be taken stenographically or recorded by any other means ordered in accordance with Rule 57.03(c). If requested by one of the parties, the testimony shall be transcribed.
All objections made at the time of the examination to the qualifications of the officer taking the deposition, to the manner of taking it, to the evidence presented, to the conduct of any party, or any other objection to the proceedings shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral examination, parties may serve written questions in a sealed envelope on the party taking the deposition, and that party shall transmit them to the officer before whom the deposition is to be taken, who shall propound them to the witness, and the questions and answers thereto shall be recorded.
(e) Motion to Terminate or Limit Examination. At any time during the taking of the deposition, on motion of a party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the court in which the action is pending or a court having general jurisdiction in the place where the deposition is being taken may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as provided in Rule 56.01(c). If the order made terminates the examination, it shall be resumed thereafter only upon the order of the court in which 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 make a motion for an order. The provisions of Rule 61.01(g) apply to the award of expenses incurred in relation to the motion.
(f) Submission to Witness; Changes; Signing. When the testimony is fully transcribed, the officer shall make the deposition available to the witness for examination, reading, and signing, unless such examination, reading, and signing are waived by the witness or by the parties. Any changes in form or substance that the witness desires to make shall be entered upon an errata sheet provided to the witness with a statement of the reasons given for making such changes. The answers or responses as originally given, together with the changes made and reasons given therefore, shall be considered as a part of the deposition. The deposition shall then be signed by the witness before a notary public unless the witness is ill, cannot be found, is dead, or refuses to sign. If the deposition is not signed by the time of trial, it may be used as if signed, unless, on a motion to suppress, the court holds that the reasons given for the refusal to sign requires rejection of the deposition in whole or in part.
(g) Certification, Delivery, and Filing; Exhibits; Copies.
(1) Certification and Delivery. The officer shall certify on the deposition that the witness was duly sworn by the officer and that the deposition is a true record of the testimony given by the witness. Upon payment of reasonable charges therefore, the officer shall deliver the deposition to the party who requested that the testimony be transcribed.
(2) Filing.
(A) By the Officer. Upon delivery of a deposition, the officer shall file with the court a certificate showing the caption of the case, the name of the deponent, the date the deposition was taken, the name and address of the person having custody of the original deposition, and whether the charges have been paid. The officer shall not file a copy of the deposition with the court except upon court order.
(B) By a Party. A party shall not file a deposition with the court except upon specific court order or contemporaneously with a motion placing the deposition or a part thereof in issue. The court may enact local court rules requiring a party who intends to use a deposition at a hearing or trial to file that deposition with the court on or prior to the date of the hearing or trial.
(C) Return of Deposition. At the conclusion of the hearing or trial the deposition that has been filed or delivered to the court shall be returned to the party that filed or delivered the deposition.
(D) Retention of Deposition. The original deposition shall be maintained until the case is finally disposed.
(3) Exhibits. Documents and things produced for inspection during the examination of the witness shall, upon the request of a party, be marked for identification and annexed to and returned with the deposition and may be inspected and copied by any party, except that (A) the person producing the materials may substitute copies to be marked for identification if the person affords to all parties fair opportunity to verify the copies by comparison with the originals and (B) if the person producing the materials requests their return, the officer shall mark them, give each party an opportunity to inspect and copy them, and return them to the person producing them, and the materials may then be used in the same manner as if annexed to and returned with the deposition. Any party may move for an order that the original be annexed to and returned with the deposition to the court pending final disposition of the civil action.
(4) Copies. Upon request and payment of reasonable charges therefore, the officer shall furnish a copy of the deposition to any party or to the deponent.
(h) Failure to Attend or to Serve Subpoena; Expenses.
(1) If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another party attends in person or by attorney pursuant to the notice, the court may order the party giving notice to pay to such other party the reasonable expenses incurred by that other party and that other party's attorney in attending, including reasonable attorney fees.
(2) If a witness fails to appear for a deposition and the party giving the notice of the taking of the deposition has not complied with these rules to compel the attendance of the witness, the court may order the party giving the notice to pay to any party attending in person or by attorney the reasonable expenses incurred by that other party and that other party's attorney in attending, including reasonable attorney fees.
(Adopted March 29, 1974, effective January 1, 1975. Amended June 1, 1993, effective January 1, 1994; amended September 28, 1993, effective January 1, 1994; amended June 25, 2001, effective January 1, 2002; amended June 27, 2006, effective January 1, 2007; amended June 20, 2014, effective January 1, 2015; amended September 29, 2020, effective April 1, 2021; amended March 2, 2021, effective September 2, 2021 (includes changes found in Senate Bill Number 244 (2019)); amended June 1, 2021, effective December 1, 2021; amended October 26, 2021, effective July 1, 2022.)
First Adopted: March 29, 1974
Most Recently Effective: September 02, 2021
Rule 57 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Interrogatories and Depositions
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.
(b) 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.
(c) 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, effective January 1, 1975. Amended June 1, 1993, effective January 1, 1994; amended September 28, 1993, effective January 1, 1994; amended March 2, 2021, effective September 2, 2021 (includes changes found in Senate Bill No. 224 (2019).)
First Adopted: March 29, 1974
Most Recently Effective: January 01, 1975
Rule 57 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Interrogatories and Depositions
57.05 | Persons Before Whom Depositions May Be Taken
(a) In Missouri. Within the State of Missouri, depositions shall be taken before an officer authorized by the laws of this State to administer oaths, or before a person appointed by the court in which the action is pending. A person so appointed has power to administer oaths and take testimony.
(b) Elsewhere in the United States. Within other States of the United States or within a territory or insular possession subject to the dominion of the United States, depositions shall be taken before a person authorized to administer oaths by the laws of the United States or of the place where the examination is held, or before a person appointed by the court in which the action is pending. A person so appointed has power to administer oaths and take testimony.
(c) In Foreign Countries. In a foreign country, a deposition may be taken:
(1) On notice before a person authorized to administer oaths in the place in which the examination is held, either by the law thereof or by the law of the United States, or
(2) Before a person commissioned by the court, and a person so commissioned has the power by virtue of his commission to administer any necessary oath and take testimony, or
(3) Pursuant to a letter rogatory. A commission or a letter rogatory shall be issued on application and notice and on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient; and both a commission and a letter rogatory may be issued in proper cases. A notice or commission may designate the person before whom the deposition is to be taken either by name or descriptive title. A letter rogatory may be addressed 'To the Appropriate Authority in [here name the country]'. Evidence obtained in response to a letter rogatory need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within the United States under these Rules.
(d) Disqualification for Interest. No deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action.
Committee Note – 1974
The source of paragraphs (a) and (b) is Rule 28(a) of the Federal Rules of Civil Procedure.
Paragraphs (c) and (d) are the same as Rule 28(b) and (c) of the Federal Rules of Civil Procedure.
(Adopted March 29, 1974, effective January 1, 1975.)
First Adopted: March 29, 1974
Most Recently Effective: July 01, 2008
Rule 57 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Interrogatories and Depositions
57.06 | Presiding Officer For Deposition
A master may be appointed to preside over the taking of a deposition pursuant to Rule 68.01(h).
(Adopted March 29, 1974, effective January 1, 1975. Amended December 18, 2007, effective July 1, 2008.)
First Adopted: March 29, 1974
Most Recently Effective: January 01, 2002
Rule 57 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Interrogatories and Depositions
57.07 | Use of Depositions in Court Proceedings
(a) Use of Depositions. Any part of a deposition that is admissible under the rules of evidence applied as though the deponent were testifying in court may be used against any party who was present or represented at the taking of the deposition or who had proper notice thereof. Depositions may be used in court for any purpose.
(b) Objections – Effect of Errors and Irregularities in Depositions.
(1) Regarding the Notice. An objection to an irregularity in a deposition notice shall be made promptly by written notice served on all parties before the deposition starts; otherwise, the objection is waived.
(2) Regarding the Officer. An objection to a deposition because the officer before whom it is to be taken is not qualified shall be made before the deposition begins or as soon thereafter as the officer's lack of qualification becomes known or could have been discovered with reasonable diligence; otherwise, the objection is waived.
(3) Regarding the Competency of the Deponent. An objection to a deponent's competency is not waived by failing to make an objection before or during the deposition unless the basis for the objection could have been removed if the objection had been presented before or during the deposition.
(4) Regarding Conduct During the Deposition. An objection to the competency, relevancy, or materiality of testimony is not waived by failure to object before or during the deposition. Errors and irregularities in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties and errors of any kind that might be cured if promptly presented are waived unless seasonable objection thereto is made during the deposition. Objections as to the form of written questions submitted under Rule 57.04 are waived unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross or other questions and within ten days after service of the last questions authorized.
(5) Regarding Irregularities in Transcription. Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, endorsed, transmitted, filed, or otherwise dealt with by the officer under Rule 57.03 and Rule 57.04 are waived unless a motion to suppress the deposition or some party thereof is made with reasonable promptness after such defect is, or with due diligence might have been discovered.
(Adopted March 29, 1974, effective January 1, 1975. Amended June 1, 1993, effective January 1, 1994; amended May 15, 1998, effective January 1, 1999; amended May 23, 2001, effective January 1, 2002.)
First Adopted: March 29, 1974
Most Recently Effective: January 01, 1975
Rule 57 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Interrogatories and Depositions
57.08 | Depositions for Use in Foreign Jurisdictions
Whenever the deposition of any person is to be taken in this state pursuant to the laws of another state or of the United States or of another country for use in proceedings there, the circuit court in the county where the deponent is found may, upon ex parte application, make an order directing issuance of a subpoena as provided in Rule 57.09, in aid of the taking of the deposition, and having due regard for the laws and rules of such foreign jurisdiction, may make such orders as could be made if the deposition were intended for use in this jurisdiction.
Committee Note – 1974
The source is Kansas Statutes Annotated 60-228(d).
(Adopted March 29, 1974, effective January 1, 1975.)
First Adopted: March 29, 1974
Most Recently Effective: January 01, 2012
Rule 57 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Interrogatories and Depositions
57.09 | Subpoena for Taking Deposition
(a) For Attendance of Witnesses; Form; Issuance. Every subpoena for a deposition shall:
(1) Be issued by the officer or person before whom depositions may be taken as designated in Rule 57.05 or Rule 57.06 or by the clerk of the court in which the civil action is pending;
(2) State the name of the court and the style of the civil action;
(3) State the name, address and telephone number of all attorneys of record and self-represented parties; and
(4) Command each person to whom it is directed to attend and give testimony at a time and place therein specified.
(b) For Production of Documents and Things. In conjunction with a deposition properly noticed under Rule 57.03, a subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein.
The court may:
(1) Quash or modify the subpoena if it is unreasonable or oppressive, or
(2) Require the party who issued and served the subpoena to advance the reasonable cost of producing the books, papers, documents, or tangible things.
(c) Subpoena to a Non-Party. A subpoena to a non-party pursuant to Rule 57.09 for the production of documents and things shall be served not fewer than 10 days before the time specified for compliance. The party serving a subpoena on a non-party shall provide a copy of the subpoena to every party as if it were a pleading. A party objecting to the subpoena may seek a protective order under Rule 56.01(c).
A party or attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a non-party subject to the subpoena.
With the agreement of all parties, the non-party may be excused from appearance at the deposition and may produce the subpoenaed items to the party responsible for issuance and service of the subpoena, who shall then offer to all other parties the opportunity to inspect or copy the subpoenaed items. The party responsible for issuance and service of the subpoena is responsible for obtaining the agreement of all parties and advising the non-party in writing of the agreement, with a copy to all attorneys of record and self-represented parties. Absent such an agreement, the subpoenaed items shall only be produced at the deposition.
Upon request by any party, the non-party shall also produce with the subpoenaed items a business records affidavit of the custodian of records.
A non-party commanded to produce and permit inspection and copying may serve the party who issued and served the subpoena with a written objection to inspection and copying of any or all of the designated items. The objection shall state specific reasons why the subpoena should be quashed or modified.
The objection shall be served on all parties to the action within 10 days after service of the subpoena or before the time specified for compliance, whichever is earlier.
If a timely and specific objection is made, the party who issued and served the subpoena shall not be entitled to inspect or copy the subpoenaed items except pursuant to an order of the court.
Upon notice to the non-party commanded to produce, the party who issued and served the subpoena may move at any time for an order to compel production.
(d) Service. A subpoena may be served by:
(1) The sheriff or a sheriff's deputy, or
(2) Any other person who is not a party and is not less than 18 years of age.
Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to that person the fees and mileage the witness would have been entitled to receive for attending court pursuant to subpoena.
(e) Authorization to Issue Subpoena. Proof of service of a notice to take a deposition as provided in Rules 57.03 and 57.04 is sufficient to authorize the issuance of a subpoena for taking a deposition.
(f) Contempt. Any person who without adequate excuse fails to obey a subpoena served upon the person may be held in contempt of the court in which the civil action is pending.
(Adopted March 29, 1974, effective January 1, 1975. Amended September 28, 1993, effective January 1, 1994; amended June 25, 2001, effective January 1, 2002; amended June 21, 2005, effective January 1, 2006; amended June 28, 2011, effective January 1, 2012.)
First Adopted: March 29, 1974
Most Recently Effective: January 01, 1975
Rule 57 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Interrogatories and Depositions
57.10 | Taxing and Certifying Costs
(a) Costs – How Taxed. The costs of taking depositions shall be taxed in favor of the party paying the same and taxed as other costs in the civil action.
(b) Costs – How Certified and Taxed. The costs shall be certified by the person before whom the deposition is taken in the amount provided by law.
Committee Note – 1974
This is substantially the same as prior Rule 57.46.
(Adopted March 29, 1974, effective January 1, 1975.)