D. Wyo. U.S.D.C.L.R. 30.1

(a) Reasonable Notice.

Unless otherwise ordered by the Court, "reasonable notice" for the taking of depositions

under Fed. R. Civ. P. 30(b)(1) shall be not less than fourteen (14) days, as computed under Fed.

R. Civ. P. 6. Before sending a notice to take a deposition, counsel or the unrepresented party

seeking the deposition shall make a good faith effort to schedule it in a convenient and cost-effective manner.

(b) Depositions of Witnesses Who Have No Knowledge of the Facts.

Where an officer, director or managing agent of a corporation or a government official is

served with a notice of deposition or subpoena regarding a matter about which he or she has no

knowledge, he or she shall submit, reasonably before the date noticed for the deposition, an

affidavit so stating and identifying a person within the corporation or government entity having

knowledge of the subject matter involved in the pending action.

The noticing party may, notwithstanding such affidavit of the noticed witness, proceed

with the deposition, subject to the witness’s right to seek a protective order.

(c) Directions Not to Answer.

A witness may only be directed not to answer in accordance with Fed R. Civ. P. 30(c)(2).

Where a direction not to answer such a question is given and honored by the witness,

unless all parties agree to the validity of the objection, the parties shall seek an immediate ruling

from the magistrate judge, or the presiding district judge if the magistrate judge is unavailable,

as to the validity of such direction. If the witness refuses to answer questions not covered by

Rule 30(c)(2), and the attorney giving such direction does not withdraw such direction, the Court

may require the attorney to pay all costs associated with retaking the deposition.

If a prompt ruling cannot be obtained, the direction not to answer made on any ground

set forth under Rule 30(c)(2) may stand pending a ruling and the deposition shall continue until

(1) a ruling is obtained or (2) the dispute resolves itself. A direction not to answer on any

ground other than under Rule 30(c)(2) shall not stand and the witness shall answer.

(d) Suggestive Deposition Objections.

Objections in the presence of the witness used to suggest an answer to the witness are

improper. If an objection to a deposition question is one that can be obviated or removed if

presented at the deposition, the proper objection is "objection to the form of the question," and

the problem with the form shall be identified. If the objection is on a ground set forth in Rule

30(c)(2), the basis for the objection shall be stated and established.

(e) Assertion of a Privilege from Discovery.

An attorney asserting a claim of privilege from discovery shall identify, during the

deposition, the nature of the privilege which is being claimed.

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(f) Establishment of Privilege from Discovery.

After a claim of privilege from discovery has been asserted, the attorney seeking

disclosure shall have reasonable latitude during the deposition to question the witness to

establish other relevant information concerning the assertion of the privilege, including:

(1) the applicability of the particular privilege being asserted;

(2) circumstances which may constitute an exception to the assertion of the

privilege;

(3) circumstances which may result in the privilege having been waived; and

(4) circumstances which may overcome a claim of privilege from discovery.

(g) Filing of Depositions.

Deposition transcripts shall not be filed with the Court until such time as they are

published during a hearing or trial or offered in support of a motion or opposition thereto.

(h) Return of Deposition.

All depositions in the custody of the Clerk of Court at the conclusion of trial shall be

retained for sixty (60) days. At that time, the party who introduced them into evidence shall be

notified they are available for retrieval. A receipt identifying the depositions returned will be

filed in the case. The parties will be responsible for producing the depositions as directed by the

10th Circuit Court of Appeals.

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