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CO · rules

C.R.C.P. 331 (County Court)

Conducting Depositions to Preserve Testimony

activein force · 2012-01-01 – presentact-effective-date

(a) Serving Interrogatories; Notice. If the court shall order the taking of a deposition

of any person, the party desiring to take the deposition shall serve upon every other party

not in default at least 7 days prior to the scheduled deposition copies of the written

interrogatories, including the name and address of the person who is to answer them and

the name, descriptive title, and address of the officer who will administer the interrogatories and transcribe the responses. Within 7 days thereafter a party so served may serve

cross-interrogatories upon the party proposing to take the deposition. No redirect or recross

interrogatories shall be permitted.

(b) A copy of all interrogatories served shall be delivered by the party taking the

deposition to the officer designated in the order who shall put the witness on oath and who

shall personally, or by someone acting under the officer’s direction and in the officer’s

presence, record the answers of the witness verbatim. When the answers are fully transcribed the deposition shall be submitted to the witness for examination and shall be read

to or by the witness, unless such examination and reading are waived by the witness and

the parties. Any changes in form or substance which the witness desires to make shall be

entered upon the deposition by the officer with a statement of the reasons given by the

witness for making them. The deposition shall 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, 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 332(d) hereof

the court holds that the reasons given for the refusal to sign require rejection of the

deposition in whole or in part.

(c) Certification and Filing by Officer, Copies; Notice of Filing.

(1) The officer shall certify on the interrogatories and answers thereto that the witness

was duly sworn and that the deposition is a true record of the answers given by the witness.

The deposition shall then be securely sealed in an envelope endorsed with the title of the

action and marked ‘‘deposition of (here insert name of witness)’’, and it shall be promptly

delivered or sent by registered or certified mail to the attorney for the party taking the

deposition and give written notice of the delivery or mailing to all other parties.

(2) Upon the payment of reasonable charges therefor, the officer shall furnish a copy of

the deposition to any party or to the deponent.

(3) [Deleted]

(d) Orders for the Protection of Parties and Deponents. After the service of

interrogatories and prior to the taking of the testimony of the deponent, the court in which

the action is pending, on motion promptly made by a party or a deponent, upon notice and

good cause shown, may make any order which is appropriate and just or an order that the

deposition shall not be taken before the officer designated in the order.

History

Source: (a), (b), and (c) amended July 22, 1993, effective January 1, 1994; (a) amended and effective June 28, 2007; (a) amended and adopted December 14, 2011, effective January 1, 2012, for all cases pending on or filed on or after January 1, 2012, pursuant to C.R.C.P. 1(b).

Provenance

Source
content.leg.colorado.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
0b556bfae00441fbdcdd55addc97ba5eaa69fb1ef5d055b93c9c5f6c25c2e299
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