Amendments to the North Dakota Rules as Adopted

Amendments to the North Dakota Rules as Adopted - 980217

RULE 30. DEPOSITIONS UPON ORAL EXAMINATION

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(f) Certification; Copies.

(1) 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. Unless otherwise ordered by the court, the officer shall securely seal the original transcript of the deposition in an envelope indorsed with the title of the action and marked "Deposition of (here insert name of witness)" and shall promptly deliver it or send it the transcript by registered or certified mail or a traceable third-party commercial delivery service to the party noticing the deposition, who must be identified on the record.

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EXPLANATORY NOTE

Rule 30 was amended, effective January 1, 1980; July 1, 1981; March 1, 1986; March 1, 1990; March 1, 1999.

Rule 30 was amended, effective March 1, 1999, to allow an original deposition transcript to be shipped via a commercial delivery service offering a traceable means of shipping similar to registered or certified mail.

SOURCES: Procedure Committee Minutes of January 29-30, 1998, page 19; 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SUPERSEDED: Sections 31-0507, 31-0509, 31-0511, 31-0512, 31-0513, 31-0514, 31-0515, 31-0516, 31-0517, 31-0520, 31-0521, 31-0707, 31-0708, 31-1710, 31-1711, 31-0714,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.