CT · rules
Conn. Practice Book § 13-30
Deposition Procedure
(a) Examination and cross-examination of
deponents may proceed as permitted at trial. The
officer before whom the deposition is to be taken
shall put the deponent on oath and shall personally, or by someone acting under the officer’s
direction, record the testimony of the deponent.
The testimony shall be taken stenographically or
recorded by any other means authorized in
accordance with Section 13-27 (f). If the testimony
is taken stenographically, it shall be transcribed
at the request of one of the parties.
(b) All objections made at the time of the examination to the qualifications of the officer taking the
deposition, or to the manner of taking it, or to
the evidence presented, or to the conduct of any
party, and any other objection to the proceedings,
shall be noted by the officer upon the deposition.
Evidence objected to shall be taken subject to
the objections. Every objection raised during a
deposition shall be stated succinctly and framed
so as not to suggest an answer to the deponent
and, at the request of the questioning attorney,
shall include a clear statement as to any defect
in form or other basis of error or irregularity. A
person may instruct a deponent not to answer
only when necessary to preserve a privilege, to
enforce a limitation directed by the court, or to
present a motion under subsection (c) of this section. 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 shall transmit the questions to the officer,
who shall propound them to the witness and
record the answers verbatim.
(c) At any time during the taking of the 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 may order the officer conducting the
examination forthwith to cease taking the deposition, or may limit the scope and manner of the
taking of the deposition as provided in Section 13-
5. 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.
(d) If requested by the deponent or any party,
when the testimony is fully transcribed the deposition shall be submitted to the deponent for examination and shall be read to or by the deponent.
Any changes in form or substance which the
deponent desires to make shall be entered upon
the deposition by the officer with a statement of
the reasons given by the deponent for making
them. The deposition shall then be signed by the
deponent certifying that the deposition is a true
record of the deponent’s testimony, 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 deponent
within thirty days after its submission to the deponent, the officer shall sign it and state on the
record the fact of the waiver or of the illness or
absence of the deponent or the fact of the refusal
or failure 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 Section 13-31 (d) (4), the judicial authority holds that the reasons given for the
refusal or failure to sign require rejection of the
deposition in whole or in part.
(e) The person recording the testimony shall
certify on the deposition that the witness was duly
sworn by the person, that the deposition is a true
record of the testimony given by the deponent,
whether each adverse party or his agent was present, and whether each adverse party or his agent
was notified, and such person shall also certify
the reason for taking the deposition. The person
shall then cause a watermark or other indicia of
origin to be added to the deposition and shall then
promptly deliver it to the party at whose request
it was taken and give to all other parties a notice
that the deposition has been transcribed and so
delivered. The party at whose request the deposition was taken shall file the deposition with the
court at the time of trial.
(f) Documents and things produced for inspection during the examination of the deponent, shall,
upon the request of a party, be marked for identification and annexed to and returned with the deposition, and may be inspected and copied by any
party, except that (1) the person producing the
materials may substitute copies to be marked for
identification, if the person affords to all parties
fair opportunity to verify the copies by comparison
with the originals, and (2) if the person producing
the materials requests their return, the officer shall
mark them, give each party an opportunity to
inspect and copy them, and return them to the
person producing them, and the materials may
then be used in the same manner as if annexed
to and returned with the deposition to the court,
pending final disposition of the case.
(g) The parties may agree, or the court may
upon motion order, that a deposition be taken
by telephone, videoconference, or other remote
electronic means. For the purposes of Sections
13-26 through 13-29 and this section, such a
deposition is deemed taken at the place where
the deponent is to answer questions. Except as
otherwise provided in this subsection, the rules
governing the practice, procedures and use
of depositions shall apply to remote electronic
means depositions. The following additional rules,
unless otherwise agreed or ordered by the court,
shall apply to depositions taken by remote elec -
tronic means:
(1) The presence of the officer administering
the oath and recording the deposition may be
remote to the deponent. An officer may administer
an oath by means of an interactive audiovisual
device to any party, witness or other participant
in a proceeding who appears pursuant to this section, provided such officer can see, hear and
clearly identify the participant to whom the oath
is to be administered via the audiovisual device.
(2) Nothing in subsection (g) shall prohibit any
party from being with the deponent during the
deposition, at that party’s expense; provided,
however, that a party attending a deposition shall
give written notice of that party’s intention to
appear at the deposition to all other parties within
a reasonable time prior to the deposition.
(3) The party at whose instance the remote
electronic means deposition is taken shall pay all
costs of the remote electronic means deposition
for the transmission from the location of the deponent and one site for participation of counsel
located in the judicial district where the case is
pending together with the cost of the stenographic, video or other electronic record. The cost
of participation in a remote electronic means
deposition from any other location shall be paid
by the party or parties participating from such
other location.
(h) Notwithstanding this section, a deposition
may be attended by any party by remote electronic
means even if the party noticing the deposition
does not elect to use remote electronic means if
(1) a party desiring to attend by remote electronic
means provides written notice of such intention
to all parties in either the notice of deposition or
a notice served in the same manner as a notice
of deposition and (2) if the party electing to participate by remote electronic means is not the party
noticing the deposition, such party pays all costs
associated with implementing such remote electronic participation by that party.
(i) Nothing contained in any provision providing
for the use of remote electronic means depositions
shall prohibit any party from securing a repre -
sentative to be present at the location where the
deponent is located to report on the record any
events which occur in that location which might
not otherwise be transmitted and/or recorded by
the electronic means utilized.
(j) The party on whose behalf a deposition is
taken shall bear the cost of the original transcript,
and any permanent electronic record including
audio or video recording. Any party or the deponent may obtain a copy of the deposition transcript
and permanent electronic record including audio
or video recording at its own expense.
History
(P.B. 1978-1997, Sec. 247.) (Amended June 26, 2000, to take effect Jan. 1, 2001; amended June 30, 2003, to take effect Jan. 1, 2004; amended June 21, 2004, to take effect Jan. 1, 2005; amended June 30, 2008, to take effect Jan. 1, 2009; amended June 20, 2011, to take effect Jan. 1, 2012; amended June 9, 2023, to take effect Jan. 1, 2024; amended June 14, 2024, to take effect Jan. 1, 2025.) TECHNICAL CHANGE: A technical change was made to subsection (d) of this section to update the reference to Section 13-31 (d) (4). In addition, technical changes were made in subsection (j) to update the terminology to align with current technology and practice.
Provenance
- Source
- jud.ct.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
c32cd8c60697985e262aeb7ebf65dbeb54245a48a64e0473334b5ea843b05ad3
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