R.I. Dist. Ct. R. Civ. P. 30

(a) When Depositions May Be

Taken; When Leave Required.

(1) Any party may take the testimony of any person, including a party, by

deposition upon oral examination without leave of court except as provided in

paragraph (2). The attendance of witnesses may be compelled by subpoena as

provided in Rule 45.

(2) A party must obtain leave of court, which shall be granted to the extent

consistent with the principles stated in Rule 26(b)(1), if the person to be examined

is confined in prison or if, without the written stipulation of the parties:

(A) The person to be examined already has been deposed in the case; or

(B) A plaintiff seeks to take a deposition prior to the expiration of thirty (30) days

after service of process on any defendant or the filing of a waiver of service, except

that leave is not required:

(i) If a defendant has served notice of taking deposition or otherwise sought

discovery; or

(ii) If the notice served by a plaintiff contains a certification, with supporting

facts, that the person to be examined is expected to leave the State of Rhode Island

and be unavailable for examination in this State unless deposed before that time.

(b) Notice of Examination: General Requirements; Special Notice; Method

of Recording; Production of Documents and Things; Deposition of

Organization; Deposition by Telephone.

(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 the person or the particular class or group to which

the person belongs. If a subpoena duces tecum is to be served on the person to be

examined, the designation of the materials to be produced as set forth in the subpoena

shall be attached to or included in the notice.

(2) The party taking the deposition shall state in the notice the method by which

the testimony shall be recorded. Unless the court orders otherwise, it may be

recorded by sound, sound-and-visual, or stenographic means, and the party taking

the deposition shall bear the cost of the recording. Any party may arrange for a

transcription to be made from the recording of a deposition taken by non-stenographic means.

(3) With prior notice to the deponent and other parties, any party may designate

another method to record the deponent's testimony in addition to the method

specified by the person taking the deposition. The additional record or transcript

shall be made at that party's expense unless the court otherwise orders.

(4) Unless otherwise agreed by the parties, a deposition shall be conducted before

an officer appointed or designated under Rule 28 and shall begin with a statement

on the record by the officer that includes:

(A) The officer's name and business address;

(B) The date, time, and place of the deposition;

(C) The name of the deponent;

(D) The administration of the oath or affirmation to the deponent; and

(E) An identification of all persons present.

If the deposition is recorded other than stenographically, the officer shall repeat

items (A) through (C) at the beginning of each unit of recorded tape or other

recording medium. The appearance or demeanor of deponents or attorneys shall not

be distorted through camera or sound-recording techniques. At the end of the

deposition, the officer shall state on the record that the deposition is complete and

shall set forth any stipulations made by counsel concerning the custody of the

transcript or recording and the exhibits, or concerning other pertinent matters.

(5) If documents are requested to be produced at a deposition, the notice to a

party deponent shall be accompanied by a copy of a subpoena duces tecum or a

request made in compliance with Rule 34 for the production of documents and

tangible things at the taking of the deposition. The procedures of Rules 34 and 45,

respectively, shall apply to the request.

(6) A party may in the witness' notice or in a subpoena name as the deponent

a public, private, or governmental organization and describe with reasonable

particularity the matters on which examination is requested. In that event, the

organization so named shall serve and file, prior to the deposition, a written

designation which identifies one or more officers, directors, or managing agents, or

other persons who consent to testify on its behalf, and shall set forth, for each person

designated the matters on which the person will testify. A subpoena shall advise a

non-party organization of its duty to make such a designation. The person so

designated shall testify as to matters known or reasonably available to the

organization. This subdivision (b)(6) does not preclude taking a deposition by any

other procedure authorized in these rules.

(7) The parties may stipulate in writing or the court may upon motion order that

a deposition be taken by telephone or other remote electronic means. For the

purposes of this rule and Rules 28(a), 37(a)(1), and 37(b)(1), a deposition taken by

such means is taken in the county and at the place where the deponent is to answer

questions.

(c) Examination and Cross-examination; Record of Examination; Oath;

Objections. Examination and cross-examination of witnesses may proceed as

permitted at the trial under the provisions of the applicable Rhode Island Rules of

Evidence except Rules 103 and 615. Subject to a contrary court order or agreement

of the parties, no person whose presence at a deposition has been requested by any

attorney of record or self-represented litigant shall be excluded from attending the

deposition. However, attendance at depositions of persons other than the deposition

officer (reporter), the witness, attorneys, and parties to the action shall not be

permitted unless notice of same has been given to all attorneys of record and self-represented litigants at least forty-eight (48) hours before the deposition. The officer

before whom the deposition is to be taken or, in a non-stenographic deposition, the

examining attorney or other person authorized by law, shall put the witness on oath

or affirmation and shall in person, or by someone acting under such person's

direction and in such person's presence, record the testimony of the witness. The

testimony shall be taken stenographically and transcribed unless the parties agree

otherwise. 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, to the evidence

presented, to the conduct of any party, and any other objection to the proceedings,

shall be noted by the officer upon the record of the deposition, but the examination

shall proceed with the testimony being taken subject to the objections. In lieu of

participating in the oral examination, parties may serve written questions in a sealed

envelope on the party taking the deposition and that party shall transmit them to the

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

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

(1) Any objection to evidence during a deposition shall be stated concisely and

in a non-argumentative and non-suggestive manner. A person may instruct a

deponent not to answer only when necessary to preserve a privilege, to enforce a

limitation on evidence directed by the court, or to present a motion under paragraph

(3).

(2) By order, the court may limit the time permitted for the conduct of a

deposition, but shall allow additional time consistent with Rule 26(b)(1) if needed

for a fair examination of the deponent or if the deponent or another party impedes or

delays the examination. If the court finds such an impediment, delay, or other

conduct that has frustrated the fair examination of the deponent, it may impose upon

the persons responsible an appropriate sanction, including the reasonable costs and

attorney's fees incurred by any parties as a result thereof.

(3) At any time during a 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 or the court in the county where the deposition

is being taken may order the officer or examining attorney 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 or to obtain a ruling by telephone. The provisions of

Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion.

(e) Review by Witness; Changes; Signing. If requested by the deponent or a

party before completion of the deposition, the deponent shall have thirty (30) days

after being notified by the officer that the transcript or recording is available in which

to review the transcript or recording and, if there are changes in form or substance,

to sign a statement reciting such changes and the reasons given by the deponent for

making them. The officer shall indicate in the certificate prescribed by subdivision

(f)(1) whether any review was requested and, if so, shall append any changes made

by the deponent during the period allowed.

(f) Certification and Filing by Officer; Opening.

(1) The officer or, in a non-stenographic deposition, the examining attorney or

self-represented litigant, shall certify on the deposition transcript that the witness

was duly sworn and that the transcript is a true record of the testimony given by the

witness. Unless otherwise ordered by the court, the original deposition transcript

shall not be filed with the court. Rather, the self-represented litigant, examining

attorney, or the attorney ordering a stenographic transcription shall securely seal the

original deposition transcript in an envelope indorsed with the title of the action and

marked “Deposition of [here insert the name of witness]” and shall retain the original

transcript, subject to making it available to the court or any other party upon request.

Documents and things produced for inspection during the examination of the

witness, shall, upon the request of a party, be marked for identification and annexed

to the deposition, and may be inspected and copied by any party, except that if the

person producing the materials desires to retain them the person may:

(A) Offer copies to be marked for identification and annexed to the deposition

and to serve thereafter as originals, if the party affords to all parties fair opportunity

to verify the copies by comparison with the originals; or

(B) Offer the originals to be marked for identification, after giving to each party

an opportunity to inspect and copy them, in which event the materials may then be

used in the same manner as if annexed to the deposition.

Any party may move for an order that the original be annexed to and returned

with the deposition to the court, pending final disposition of the case.

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

of the deposition to any party or to the deponent.

(3) Upon being filed, the deposition shall be open to inspection until such time as

it is returned by the court to the examining attorney, unless otherwise ordered by the

court.

(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 therewith 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 the party and the party's 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 fails to

serve a subpoena upon the witness and the witness because of such failure does not

attend, and if another party attends in person or by attorney because that party

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 the other party and that party's attorney in so attending, including

reasonable attorney's fees.