Joint Procedure Committee

Joint Procedure Committee - Meeting Agenda

RULE 30. DEPOSITIONS UPON ORAL EXAMINATION

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(e) Submission to Witness--Changes--Signing. When the testimony is fully transcribed, the deposition must be submitted to the witness for examination and must be read to or by the witness, unless the examination and reading are waived by the witness and by the parties. Any changes in form or substance which the witness desires to make must be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition must then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness within 10 30 days after its submission to the witness, the officer shall sign it and state on the record the fact of the waiver or of the illness or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed unless on a motion to suppress under Rule 32(d)(4) the court holds ~~that~~ the reasons given for the refusal to sign require rejection of the deposition in whole or in part.

EXPLANATORY NOTE

Rule 30 was amended, effective January 1, 1980; July 1, 1981; March 1, 1986; March 1, 1990; ______________________.

SOURCES: Procedure Committee Minutes of _____________________; April 27-28, 1995, pages 5-7; April 20, 1989, page 2; December 3, 1987, page 11; November 30, 1984, pages 27-29; October 18, 1984, page 11; December 11-12, 1980, pages 1, 5-6; October 30-31, 1980, pages 11-16; November 29-30, 1979, pages 5-6; April 26-27, 1979, pages 9-14; Rule 30, FRCivP.

STATUTES AFFECTED:

SUPERSEDED: Sections 31-0507, 31-0509, 31-0511, 31-0512, 31-0513, 31-0514, 31-0515, 31-0516, 31-0517, 31-0520, 31-0521, 31-0707, 31-0708, 31-1710, 31-1711, 31-0714, 31-0715, NDRC 1943.

CROSS REFERENCE: Rules 4 (Persons Subject to Jurisdiction Process Service), 26 (General Provisions Governing Discovery), 27 (Depositions Before Action or Pending Appeal), 28 (Persons Before Whom Depositions May Be Taken), 29 (Stipulations Regarding Discovery Procedure), 31 (Depositions of Witnesses Upon Written Questions), 32 (Use of Depositions in Court Proceedings), 34 (Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes), 37 (Failure to Make Discovery Sanctions), and 45 (Subpoena), NDRCivP; Rule 611 (Mode and Order of Interrogation and Presentation), NDREv.