M E M O
TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 30, N.D.R.Civ.P.; Depositions Upon Oral Examination
Several changes are proposed for N.D.R.Civ.P. 30 in an effort to incorporate elements of several Discovery Guidelines:
Subdivision (a) is amended to incorporate limits on the number of depositions a single party can take and limits on multiple depositions of a single witness. A party may seek leave of court to conduct depositions over and above the limits. For the sake of better organization, some language from subdivision (b) is also incorporated into subdivision (a).
Subdivision (b) is amended--language referring to plaintiff depositions is transferred to subdivision (a) and language is added to paragraph (b)(3) allowing the court to exercise control over depositions on its own initiative.
Subdivision (d) is amended to add instructions regarding objections during depositions, a general time limit for depositions, and a provision allowing the court to sanction parties for deposition misconduct or delay.
Amendments have also been made to the Explanatory Note reflecting these changes.
These proposed changes reflect Guideline 3 ("Discovery should be limited unless the court, on motion of a party, permits expanded discovery in an appropriate case"), Guideline 6 ("The court must actively control the discovery process and should not hesitate to impose sanctions when appropriate") and Guideline 7 ("Counsel should at all times seek to control unnecessary expenses and delay").