Alaska R. Civ. P. 30

(a) When Depositions May Be Taken; When Leave is

Required.

(1) A party may take the testimony of any person,

including a party, by deposition upon oral examination without

leave of court except as provided in paragraph (2). The

attendance of witnesses may be compelled by subpoena as

provided in Rule 45.

(2) A party must obtain leave of court, which shall be

granted to the extent consistent with the principles stated in

Rule 26(b)(2), if the person to be examined is confined in

prison or if, without the written stipulation of the parties,

(A) a proposed deposition would result in more than three

depositions being taken under this rule or Rule 31 by the

plaintiffs, or by the defendants, or by third-party defendants, of

witnesses other than:

(i) parties, which means any individual identified as a

party in the pleadings and any individual whom a party claims

in its disclosure statements is covered by the attorney-client

privilege;

(ii) independent expert witnesses expected to be called at

trial;

(iii) treating physicians; and

(iv) document custodians whose depositions are necessary to secure the production of documents or to establish

an evidentiary foundation for the admissibility of documents;

(B) the person to be examined already has been deposed

in the case; or

(C) a party seeks to take a deposition before the time

specified in Rule 26(d) unless the notice contains a

certification, with supporting facts, that the person to be

examined is expected to leave Alaska and be unavailable for

examination in this state unless deposed before that time.

(b) Notice of Examination: General Requirements;

Method of Recording; Production of Documents and

Things; Deposition of Organization; Deposition by

Telephone.

(1) A party desiring to take the deposition of any person

upon oral examination shall give reasonable notice in writing

to every other party to the action. 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, 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. 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.

(2) Reserved.

(3) Reserved.

(4) Reserved.

(5) The notice to a party deponent may be accompanied

by a request made in compliance with Rule 34 for the

production of documents and tangible things at the taking of

the deposition. The procedure of Rule 34 shall apply to the

request.

(6) A party may in the party’s 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, or

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 nonparty 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 subparagraph (b)(6) does not preclude taking a deposition

by any other procedure authorized in these rules.

(7) The parties may stipulate in writing or the court may

upon motion order that a deposition be taken by telephone or

other remote electronic means. For purposes of this rule and

Rules 28(a), 37(a)(1), and 37(b)(1), a deposition taken by such

means is taken in the judicial district and at the place where the

deponent is to answer questions.

(c) Examination and Cross-Examination; Record of

Examination; Oath; Objections. Examination and cross-examination of witnesses may proceed as permitted at the trial

under provisions of the Rules of Evidence. 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. For an audio or audiovisual deposition, any officer authorized by the laws of this

state to administer oaths shall swear the witness. The recording

machinery may be operated by such officer, or someone acting

under the officer’s direction and in the officer’s presence, even

where such officer is also an attorney in the case. The

testimony shall be taken stenographically or recorded by audio

or audiovisual means. A party may arrange at the party’s own

expense to have any portion of the record typewritten.

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 to any other aspect of the proceedings, shall be

noted by the officer upon the record of the deposition; but the

examination shall proceed, with the testimony being 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 the party

taking the deposition shall transmit them to the officer, who

shall propound them to the witness and record the answers

verbatim.

(d) Schedule and Duration; Motion to Terminate or

Limit Examination.

(1) Any objection to evidence during a deposition shall

be stated concisely and in a non-argumentative and non-

suggestive manner. No specification of the defect in the form

of the question or the answer shall be stated unless requested

by the party propounding the question. A party may instruct a

deponent not to answer only when necessary to preserve a

privilege, to enforce a limitation on evidence directed by the

court, or to present a motion under paragraph (3). Continual

and unwarranted off the record conferences between the

deponent and counsel following the propounding of questions

and prior to the answer or at any time during the deposition are

prohibited.

(2) Depositions shall be of reasonable length. Oral

depositions shall not, except pursuant to stipulation of the

parties or order of the court, exceed six hours in length for

parties, independent expert witnesses, and treating physicians

and three hours in length for other deponents. The court shall

allow additional time consistent with Rule 26(b)(2) if needed

for a fair examination of the deponent or if the deponent or

another party impedes or delays the examination. In deciding

whether to allow additional time for fair examination of a

deponent or class of deponents, the court may take into

account, among other factors, the complexity of the case, the

number of parties likely to examine a deponent, and the extent

of relevant information possessed by the deponent. If the court

finds that there has been an impediment, delay, or other

conduct that has frustrated the fair examination of the

deponent, it may impose upon the persons responsible an

appropriate sanction, including the reasonable costs and

attorney’s fees incurred by any parties as a result thereof.

(3) At any time during a 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 the court in

the judicial district 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 26(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 37(a)(4) apply to the award of expenses incurred in

relation to the motion.

(e) Review by Witness; Changes; Signing. If requested

by the deponent or a party before completion of the deposition,

the deponent shall have 30 days in which to review the

transcript or recording after being notified by the officer that

the transcript or recording is available and, if there are changes

in form or substance, to sign a statement reciting such changes

and the reasons given by the deponent for making them. The

officer shall indicate in the certificate prescribed by

subparagraph (f)(1) whether any review was requested and, if

so, shall append any changes made by the deponent during the

period allowed.

(f) Certification and Filing by Officer; Exhibits;

Copies; Notice of Filing.

(1) The officer shall certify that the witness was duly

sworn by the officer and that the deposition is a true record of

the testimony given by the witness. This certificate shall be in

writing and accompany the record of the deposition. The

officer shall securely seal the deposition in an envelope or

package indorsed with the title of the action and marked

“Deposition of [here insert name of witness]” and shall

promptly send it to the attorney who arranged for the transcript

or recording, who shall store it under conditions that will

protect it against loss, destruction, tampering, or deterioration.

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 the deposition, and

may be inspected and copied by any party, except that if the

person producing the materials desires to retain them the

person may (A) offer copies to be marked for identification

and annexed to the deposition and to serve thereafter as

originals if the person affords to all parties fair opportunity to

verify the copies by comparison with the originals, or (B) offer

the originals to be marked for identification, after giving to

each party an opportunity to inspect and copy them, in which

event the materials may then be used in the same manner as if

annexed to 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 case.

(2) Unless otherwise ordered by the court or agreed by

the parties, the officer shall retain stenographic notes of any

deposition taken stenographically or a copy of the recording of

any deposition taken by another method. Upon payment of

reasonable charges therefor, the officer shall furnish a copy of

the transcript or other recording of the deposition to any party

or to the deponent.

(3) The party taking the deposition shall give prompt

notice of its filing to all other parties.

(4) A party dismissed from an action shall deliver

original depositions in the party’s possession to the plaintiff or

another party remaining in the action and shall promptly

certify to the court that all depositions have been delivered and

identify the party now responsible for their safekeeping.

Unless otherwise ordered by the court or agreed to by the

parties, a party who has custody of an original deposition at the

conclusion of a case must retain the deposition for one year

after expiration of the time for filing an appeal, or, if an appeal

is filed, for one year after conclusion of the appeal and any

proceedings after remand. The deposition must be stored

under conditions that will protect it against loss, destruction,

tampering, or deterioration.

(g) 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 the notice to pay to such

other party the reasonable expenses incurred by that party and

that party’s attorney in attending, including reasonable

attorney’s fees.

(2) If the party giving the notice of the taking of a

deposition of a witness fails to serve a subpoena upon the

witness and the witness because of such failure does not

attend, and if another party attends in person or by attorney

because that party expects the deposition of that witness to be

taken, the court may order the party giving the notice to pay to

such other party the reasonable expenses incurred by that party

and that party’s attorney in attending, including reasonable

attorney’s fees.