Mont. R. Civ. P. 30

(a) When a Deposition May Be Taken.

(1) Without Leave. A party may, by oral questions, depose any persons, including a

party, without leave of court except as provided in Rule 30(a)(2). The deponent’s

attendance may be compelled by subpoena under Rule 45.

(2) With Leave. A party must obtain leave of court, and the court must grant leave

to the extent consistent with Rule 26(b)(2):

(A) if the parties have not stipulated to the deposition, and:

(i) the deposition would result in more than 10 depositions being taken

under this rule or Rule 31 by the plaintiff, or by the defendants, or by the

third-party defendants; or

(ii) the deponent has already been deposed in the case; or

(iii) plaintiff seeks to take a deposition within 30 days after service of the

summons and complaint under Rule 4(d), except that leave is not required

if a defendant has served a deposition notice or discovery request.

(B) if the deponent is confined in prison.

(b) Notice of the Deposition; Other Formal Requirements.

(1) Notice in General. A party who wants to depose a person by oral questions must

give reasonable written notice to every other party. The notice must state the time and

place of the deposition and, if known, the deponent’s name and address. If the name

is unknown, the notice must provide a general description sufficient to identify the

person or the particular class or group to which the person belongs.

(2) Producing Documents. If a subpoena duces tecum is to be served on the

deponent, the materials designated for production, as set out in the subpoena, must

be listed in the notice or in an attachment. The notice to a party deponent may be

accompanied by a request under Rule 34 to produce documents and tangible things

at the deposition.

(3) Method of Recording.

(A) Method Stated in the Notice. The party who notices the deposition must

state in the notice the method for recording the testimony. Unless the court

orders otherwise, testimony may be recorded by audio, audiovisual, or

stenographic means. The noticing party bears the recording costs. Any party

may arrange to transcribe a deposition.

(B) Additional Method. With prior notice to the deponent and other parties, any

party may designate another method for recording the testimony in addition to

that specified in the original notice. That party bears the expense of the

additional record or transcript unless the court orders otherwise.

(4) By Remote Means. The parties may stipulate -- or the court may on motion order

-- that a deposition be taken by telephone or other remote means. For the purpose of

this rule and Rules 28, 37(a)(2), and 37(b)(1), the deposition takes place where the

deponent answers the questions.

(5) Officer’s Duties.

(A) Before the Deposition. Unless the parties stipulate otherwise, a deposition

must be conducted before an officer appointed or designated under Rule 28. The

officer must begin the deposition with an on-the-record statement that includes:

(i) the officer’s name and business address;

(ii) the date, time, and place of the deposition;

(iii) the deponent’s name;

(iv) the officer’s administration of the oath or affirmation to the deponent;

and

(v) the identity of all persons present.

(B) Conducting the Deposition; Avoiding Distortion. If the deposition is

recorded nonstenographically, the officer must repeat the items in Rule

30(b)(5)(A)(i)-(iii) at the beginning of each unit of the recording medium. The

deponent’s and attorney’s appearance or demeanor must not be distorted through

recording techniques.

(C) After the Deposition. At the end of a deposition, the officer must state on

the record that the deposition is complete and must set out any stipulations made

by the attorneys about custody of the transcript or recording and of the exhibits,

or about any other pertinent matters.

(6) Notice or Subpoena Directed to an Organization. In its notice or subpoena, a

party may name as the deponent a public or private corporation, a partnership, an

association, or a governmental agency and must describe with reasonable

particularity the matters for examination. The named organization mus t then

designate one or more officers, directors, or managing agents, or designate other

persons who consent to testify on its behalf; and it may set out the matters on which

each person designated will testify. A subpoena must advise a nonparty organization

of its duty to make this designation. The persons designated must testify about

information known or reasonably available to the organization. This paragraph (6)

does not preclude a deposition by any other procedure allowed by these rules.

(c) Examination and Cross-Examination; Record of the Examination; Objections;

Written Questions.

(1) Examination and Cross-Examination. The examination and cross-examination

of a deponent proceed as they would at trial under the Montana Rules of Evidence,

except Rule 103. After putting the deponent under oath or affirmation, the officer

must record the testimony by the method designated under Rule 30(b)(3)(A). The

testimony must be recorded by the officer personally or by a person acting in the

presence and under the direction of the officer.

(2) Objections. An objection at the time of the examination -- whether to evidence,

to a party’s conduct, to the officer’s qualifications, to the manner of taking the

deposition, or to any other aspect of the deposition -- must be noted on the record,

but the examination still proceeds; the testimony is taken subject to any objection.

An objection must be stated concisely in a nonargumentative and nonsuggestive

manner. A person may instruct a deponent not to answer only when necessary to

preserve a privilege, to enforce a limitation ordered by the court, or to present a

motion under Rule 30(d)(3).

(3) Participating Through Written Questions. Instead of participating in the oral

examination, a party may serve written questions in a sealed envelope on the party

noticing the deposition, who must deliver them to the officer. The officer must ask

the deponent those questions and record the answers verbatim.

(d) Duration; Sanction; Motion to Terminate or Limit Examination.

(1) Duration. Unless otherwise stipulated or ordered by the court, a deposition is

limited to 1 day of 7 hours. The court must allow additional time consistent with

Rule 26(b)(2) if needed to fairly examine the deponent or if the deponent, another

person, or any other circumstance impedes or delays the examination.

(2) Sanction. The court may impose an appropriate sanction -- including the

reasonable expenses and attorney fees incurred by any party -- on a person who

impedes, delays, or frustrates the fair examination of the deponent.

(3) Motion to Terminate or Limit.

(A) Grounds. At any time during a deposition, the deponent or a party may

move to terminate or limit it on the ground that it is being conducted in bad faith

or in a manner that unreasonably annoys, embarrasses, or oppresses the deponent

or party. The motion may be filed in the court where the action is pending or

the deposition is being taken. If the objecting deponent or party so demands, the

deposition must be suspended for the time necessary to obtain an order.

(B) Order. The court may order that the deposition be terminated or may limit

its scope and manner as provided in Rule 26(c). If terminated, the deposition

may be resumed only by order of the court where the action is pending.

(C) Award of Expenses. Rule 37(a)(5) applies to the award of expenses.

(e) Review by the Witness; Changes.

(1) Review; Statement of Changes. On request by the deponent or a party before the

deposition is completed, the deponent must be allowed 30 days after being notified by

the officer that the transcript or recording is available in which:

(A) to review the transcript or recording; and

(B) if there are changes in form or substance, to sign a statement listing the

changes and the reasons for making them.

(2) Changes Indicated in the Officer’s Certificate. The officer must note in the

certificate prescribed by Rule 30(f)(1) whether a review was requested and, if so,

must attach any changes the deponent makes during the 30-day period.

(f) Certification and Delivery; Exhibits; Copies of the Transcript or Recording;

Filing.

(1) Certification and Delivery. The officer must certify in writing that the witness

was duly sworn and that the deposition accurately records the witness’s testimony.

The certificate must accompany the record of the deposition. Unless the court orders

otherwise, the officer must seal the deposition in an envelope or package bearing the

title of the action and marked “Deposition of [witness’s name]” and must promptly

send it to the attorney who arranged for the transcript or recording. The attorney must

store it under conditions that will protect it against loss, destruction, tampering, or

deterioration.

(2) Documents and Tangible Things.

(A) Originals and Copies. Documents and tangible things produced for

inspection during a deposition must, on a party’s request, be marked for

identification and attached to the deposition. Any party may inspect and copy

them. But if the person who produced them wants to keep the originals, the

person may:

(i) offer copies to be marked, attached to the deposition, and then used as

originals -- after giving all parties a fair opportunity to verify the copies by

comparing them with the originals; or

(ii) give all parties a fair opportunity to inspect and copy the originals after

they are marked -- in which event the originals may be used as if attached

to the deposition.

(B) Order Regarding the Originals. Any party may move for an order that the

originals be attached to the deposition pending final disposition of the case.

(3) Copies of the Transcript or Recording. Unless otherwise stipulated or ordered

by the court, the officer must retain the stenographic notes of a deposition taken

stenographically or a copy of the recording of a deposition taken by another method.

When paid reasonable charges, the officer must furnish a copy of the transcript or

recording to any party or the deponent.

(4) Notice of Filing. A party who files the deposition must promptly notify all other

parties of the filing.

(g) Failure to Attend a Deposition or Serve a Subpoena; Expenses. A party who,

expecting a deposition to be taken, attends in person or by an attorney may recover

reasonable expenses for attending, including attorney fees, if the noticing party failed to:

(1) attend and proceed with the deposition; or

(2) serve a subpoena on a nonparty deponent, who consequently did not attend.