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Conn. Practice Book § 13-30

Deposition Procedure

activein force · 2025-01-01 – presentact-effective-date

(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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Conn. Practice Book § 13-30 — Deposition Procedure · binding.law