Ind. Trial Rule 30

Effective January 1, 2026

(A) When depositions may be taken.

After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without

notice, must be obtained only if the plaintiff seeks to take a deposition prior to the expiration

of twenty days after service of summons and complaint upon any defendant except that

leave is not required:

(1) if a defendant has served a notice of taking deposition or otherwise sought discovery;

or

(2) if special notice is given as provided in subdivision (B)(2).

The attendance of witnesses may be compelled by the use of subpoena as provided in Rule

45. The deposition of a person confined in prison may be taken only by leave of court on such

terms as the court prescribes.

(B) Notice of examination: General requirements--Special notice--Non-stenographic recording--Production of documents and things--

Deposition of organization.

(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

him or the particular class or group to which he belongs. If a subpoena duces tecum is to be

served on the person to be examined, a designation of the materials to be produced thereunder shall be attached to or included in the notice.

(2) Leave of court, when required by subdivision (A), is not required for the taking of a deposition by plaintiff if the notice:

(a) states that the person to be examined is about to go out of the state or will be unavailable for examination unless the deposition is taken before expiration of the twenty day

period; and

(b) sets forth facts to support the statement.

The plaintiff’s attorney must sign the notice, and the signature constitutes a certification that

to the best of the attorney's knowledge, information, and belief the statement and supporting facts are true. A violation of this certification may be addressed under Rule 11(C) or

any other applicable authority.

If any party shows that when he was served with notice under this subdivision (B)(2) he was

unable through the exercise of diligence to obtain counsel to represent him at the taking of

the deposition, the deposition may not be used against him.

(3) The court may for cause shown enlarge or shorten the time for taking the deposition.

(4) If a party taking a deposition wishes to have the testimony recorded other than in a manner provided in Rule 74, the notice shall specify the manner of recording and preserving the

deposition. The court may require stenographic taking or make any other order to assure

that the recorded testimony will be accurate and trustworthy.

(5) The notice to a 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.

(6) A party may in the notice name as the deponent an organization, including without lim-

itation a governmental organization, or a partnership and designate with reasonable par-

ticularity the matters on which examination is requested. At least fifteen days before the date

of the deposition, the serving party and the organization or its counsel must confer in good

faith about the matters for examination. The organization so named must designate one or

more officers, directors, or managing agents, executive officers, or other persons duly authorized and consenting to testify on its behalf. The persons so designated must testify as to matters known or available to the organization. This subdivision does not preclude taking a

deposition by any other procedure authorized in these rules.

(C) Examination and cross-examination--Record of examination--Oath--

Objections.

Examination and cross-examination of witnesses may proceed as permitted at the trial. The

officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under his direction and in his presence, record the testimony

of the witness. The testimony shall be taken stenographically or recorded by any other

means designated in accordance with subdivision (B)(4) of this rule. If requested by one of

the parties, the testimony shall be transcribed.

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. When there is an objection to a question, the objection and reason therefor

shall be noted, and the question shall be answered unless the attorney instructs the deponent not to answer, or the deponent refuses to answer, in which case either party may have

the question certified by the Reporter, and the question with the objection thereto when so

certified shall be delivered to the party requesting the certification who may then proceed

under Rule 37(A). In lieu of participating in the oral examination, parties may serve written

questions on the party taking the deposition and require him to transmit them to the officer,

who shall propound them to the witness and record the answers verbatim.

(D) Motion to terminate or limit examination.

At any time during the taking of the deposition, on motion of any 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 county 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) Submission to witness--Changes--Signing.

(1) When the testimony is fully transcribed, the deposition shall be submitted to the witness

for reading and signing and shall be read to or by him, unless such reading and signing have

been waived by the witness and by each party. “Submitted to the witness” as used in this sub-section shall mean (a) mailing of written notification by registered or certified mail to the witness and each attorney attending the deposition that the deposition can be read and

examined in the office of the officer before whom the deposition was taken, or (b), mailing

the original deposition, by registered or certified mail, to the witness at an address designated by the witness or his attorney, if requested to do so by the witness, his attorney, or

the party taking the deposition.

(2) If the witness desires to change any answer in the deposition submitted to him, each

change, with a statement of the reason therefor, shall be made by the witness on a separate

form provided by the officer, shall be signed by the witness and affixed to the original deposition by the officer. A copy of such changes shall be furnished by the officer to each party.

(3) If the reading and signing have not been waived by the witness and by each party the

deposition shall be signed by the witness and returned by him to the officer within thirty (30)

days after it is submitted to the witness. If the deposition has been returned to the officer

and has not been signed by the witness, the officer shall execute a certificate of that fact,

attach it to the original deposition and deliver it to the party taking it. In such event, the

deposition may be used by any party with the same force and effect as though it had been

signed by the witness.

(4) In the event the deposition is not returned to the officer within thirty (30) days after it has

been submitted to the witness, the reporter shall execute a certificate of that fact and cause

the certificate to be delivered to the party taking it. In such event, any party may use a copy of

the deposition with the same force and effect as though the original had been signed by the

witness.

(F) Certification and Filing--Exhibits—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. The officer

shall then securely seal the deposition in an envelope endorsed with the title of the action

and marked “Deposition of (here insert name of witness)” and shall promptly deliver it to the

party taking the deposition.

If each party participating in the deposition agrees to the original deposition being certified

electronically, the officer shall send the electronic certified original transcript endorsed with

the title of the action and marked “Original Deposition of (here insert name of witness)” and

shall promptly electronically deliver it to the party taking the deposition.

Documents and things, unless objection is made to their production for inspection during the

examination of the witness, shall be marked for identification and annexed to and returned

with the deposition, and may be inspected and copied by any party, except that:

(a) 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

(b) 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.

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

deposition to any party or the deponent.

(3) The officer taking the deposition shall give prompt notice to all parties of its delivery to the

party taking the deposition.

(4) The filing of depositions shall be in accordance with the provisions of Trial Rule 5(E).

(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 there-

with 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 amount of the reasonable expenses incurred by him and his attorney in so attending, including reasonable attorney’s fees.

(2) If the party giving the notice of the taking of a deposition of a witness other than a party

fails to serve a subpoena upon him and the witness because of such failure does not attend,

and if another party attends in person or by attorney because he 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 amount of the reasonable expenses incurred by him and his attorney in so attending, including reasonable attorney’s fees.