Wash. Super. Ct. Civ. R. 30

(a) When Depositions May Be Taken. After the summons and a copy of the complaint

are served, or the complaint is filed, whichever shall first occur, 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 30 days after service of the summons and complaint upon any

defendant or service made under rule 4(e), 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 subsection (b)(2) of this rule. The attendance of

witnesses may be compelled by 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; Nonstenographic

Recording; Production of Documents and Things; Deposition of Organization; Video Tape

Recording.

(1) A party desiring to take the deposition of any person upon oral examination shall give

reasonable notice in writing of not less than 5 days pursuant to CR 6 to every other party to the

action and to the deponent, if not a party or a managing agent of a party. Notice to a deponent

who is not a party or a managing agent of a party may be given by mail, e-mail, or by any means

reasonably likely to provide actual notice. The notice shall state the time and place for taking the

deposition, 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 deponent or the particular class or

group to which the deponent belongs. If the deposition will be conducted by remote means, the

notice shall provide the information and instructions necessary to appear and attend remotely. 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. A party seeking to compel the attendance of a deponent who is not a party or a managing

agent of a party must serve a subpoena on that deponent in accordance with rule 45. Failure to

give 5 days’ notice to a deponent who is not a party or a managing agent of a party may be

grounds for the imposition of sanctions in favor of the deponent, but shall not automatically

constitute grounds for quashing the subpoena.

(2) Leave of court 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 and will be

unavailable for examination unless the person’s deposition is taken before expiration of the

30-day period, and

(B) sets forth facts to support the statement. The plaintiff's attorney shall sign the notice,

and the attorney’s signature constitutes a certification by the attorney that to the best of the

attorney’s knowledge, information, and belief the statement and supporting facts are true. The

sanctions provided by rule 11 are applicable to the certification.

If a party shows that when the party was served with notice under this subsection (b)(2) the

party 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 the party.

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

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

testimony at a deposition be recorded by other than stenographic means. The stipulation or the

order shall designate the person before whom the deposition shall be taken, the manner of

recording, preserving, and filing the deposition, and may include other provisions to assure that

the recorded testimony will be accurate and trustworthy. A party may arrange to have a

stenographic transcription made at the party’s own expense. Any objections under section (c),

any changes made by the witness, the witness’s signature identifying the deposition as the

witness’s own or the statement of the officer that is required if the witness does not sign, as

provided in section (e), and the certification of the officer required by section (f) shall be set

forth in a writing to accompany a deposition recorded by nonstenographic means.

(5) The notice to a party 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.

The procedure of rule 34 shall apply to the request, including the time established by rule 34(b)

for the party to respond to the request.

(6) A party may in a notice and in a subpoena name as the deponent a public or private

corporation or a partnership or association or governmental agency and designate with

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

organization so named shall designate one or more officers, directors, or managing agents, or

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

the matters known on which the deponent will testify. A subpoena shall advise a nonparty

organization of its duty to make such a designation. The persons so designated shall testify as to

the matters known or reasonably available to the organization. This subsection (b)(6) does not

preclude taking a deposition by any other procedure authorized in these rules.

(7) For the purposes of this rule and rules 37(a)(1), 37(b)(1), and 45(d), a deposition taken

by remote means is taken at the place where the deponent is to answer the propounded questions.

Any party may take a deposition in person or by remote means. Parties are strongly encouraged

to agree to the mode and manner of deposition, in person or remote, before notice is served. The

deposition shall proceed as noticed unless within three days of receipt of the notice an objecting

party or the deponent files a motion objecting to the notice. In determining whether a deposition

shall proceed in person or by remote means, the court may consider the following nonexclusive

factors and any other factor the court deems appropriate: (a) the role of the witness in the case,

(b) the complexity of the case, (c) whether there will be prejudice to any party or the witness if

testimony by remote means is permitted, (d) whether the witness is subject to the court’s

subpoena power and, thus, whether a party will at any point have the opportunity to question the

witness in person, and (e) whether the noted mode of deposition serves the purposes of CR 1.

(8) Video recording of depositions.

(A) Any party may video record the deposition of any party or witness without leave of

court provided that written notice is served on all parties not less than 20 days before the

deposition date, and specifically states that the deposition will be video recorded. Failure to so

state shall preclude the use of video recording equipment at the deposition, absent agreement of

the parties or court order.

(B) No party may video record a deposition within 120 days of the later of the date of filing

or service of the lawsuit, absent agreement of the parties or court order.

(C) On motion of a party made prior to the deposition, the court shall order that a video

recorded deposition be postponed or begun subject to being continued, on such terms as are just,

if the court finds that the deposition is to be taken before the moving party has had an adequate

opportunity to prepare, by discovery deposition of the deponent or other means, for cross

examination of the deponent.

(D) Unless otherwise stipulated to by the parties, the expense of video recording shall be

borne by the noting party and shall not be taxed as costs. Any party, at that party's expense, may

obtain a copy of the video recording.

(E) A stenographic record of the deposition shall be made simultaneously with the video

recording at the expense of the noting party.

(F) The area to be used for video recording testimony shall be suitable in size, have

adequate lighting and be reasonably quiet. The physical arrangements shall be fair to all parties.

The deposition shall begin by a statement on the record of:

(i) the operator’s name, address and telephone number,

(ii) the name and address of the operator’s employer,

(iii) the date, time, and place of the deposition,

(iv) the caption of the case,

(v) the name of the deponent, and

(vi) the name of the party giving notice of the deposition. The officer before whom the

deposition is taken shall be identified and swear the deponent on camera. At the conclusion of

the deposition, it shall be stated on the record that the deposition is concluded. When more than

one storage device is used to record the video recording, the operator shall announce on camera

the end of each separate storage device on which the video recording is preserved, such as each

tape or disk (if any), and the beginning of the next one.

(G) Absent agreement of the parties or court order, if all or any part of the video recording

will be offered at trial, the party offering it must order the stenographic record to be fully

transcribed at that party's expense. A party intending to offer a video recording of a deposition in

evidence shall notify all parties in writing of that intent and the parts of the deposition to be

offered within sufficient time for a stenographic transcript to be prepared, and for objections to

be made and ruled on before the trial or hearing. Objections to all or part of the deposition shall

be made in writing within sufficient time to allow for rulings on them and for editing of the

video recording. The court shall permit further designations of testimony and objections as

fairness may require. In excluding objectionable testimony or comments or objections of

counsel, the court may order that an edited copy of the video recording be made, or that the

person playing the recording at trial suppress the objectionable portions of the recording. In no

event, however, shall the original video recording be affected by any editing process.

(H) After the deposition has been taken, the operator of the video recording equipment

shall submit with the video recording a certificate that the recording is a correct and complete

record of the testimony by the deponent. If the video recording is stored exclusively on a

computer or service (including cloud storage) and not on an easily removable and portable

storage device, the certificate shall so state and indicate measures taken to preserve it. Unless

otherwise agreed by the parties on the record, the operator shall retain custody or control of the

original video recording. The custodian shall store it under conditions that will protect it against

loss, destruction, or tampering, and shall preserve as far as practicable the quality of the

recording and the technical integrity of the testimony and images it contains. The custodian of

the original video recording shall retain custody of it until 6 months after final disposition of the

action, unless the court, on motion of any party and for good cause shown, orders that the

recording be preserved for a longer period.

(I) The use of video recorded depositions shall be subject to rule 32.

(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 Washington Rules of Evidence (ER). The officer before whom the deposition is

to be taken under rule 28(a) shall put the witness on oath and shall personally, or by someone

acting under the officer's direction and in the officer's presence, record the testimony of the

witness. However, such oath and recording may be administered by the officer from a location

remote from the deponent. The testimony shall be taken stenographically or recorded by any

other means ordered in accordance with subsection (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. Evidence objected to shall be taken subject to the objections. A judge of the superior

court, or a special master if one is appointed pursuant to rule 53.3, may make telephone rulings

on objections made during depositions. 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 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 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 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. When the testimony is fully transcribed

the deposition shall be submitted to the witness for examination and shall be read to or by the

witness, unless such examination and reading are waived by the witness and by the parties. Any

changes in form or substance which the witness desires to make shall be entered upon the

deposition by the officer with a statement of the reasons given by the witness for making them.

The deposition shall then be signed by the witness, 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 witness within 30 days of its submission to the witness, the officer shall sign it and state

on the record the fact of the waiver or of the illness or absence of the witness or the fact of the

refusal to sign together with the reason, if any, given therefore; and the deposition may then be

used as fully as though signed unless on a motion to suppress under rule 32(d)(4) the court holds

that the reasons given for the refusal to sign require rejection of the deposition in whole or in

part.

(f) Certification and Service by Officer; Exhibits; Copies; Notice.

(1) The officer 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. The officer shall

then secure the transcript in an envelope endorsed with the title of the action and marked

"Deposition of (here insert name of witness)" and shall promptly serve it on the person who

ordered the transcript, unless the court orders otherwise. 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 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. Any party may move for an order that the original be annexed to

the deposition transcript and filed with the court, pending final disposition of the case.

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

deposition transcript to any party or the deponent.

(3) The officer serving or filing the deposition transcript shall give prompt notice of such

action to all parties and file such notice with the clerk of 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 reasonable expenses incurred by

such party and such other party’s attorney in attending, including reasonable attorney 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 such 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

reasonable expenses incurred by such other party and such other party’s attorney in attending,

including reasonable attorney fees.

(h) Conduct of Depositions. The following shall govern deposition practice:

(1) Conduct of Examining Counsel. Examining counsel will refrain from asking questions

he or she knows to be beyond the legitimate scope of discovery, and from undue repetition.

(2) Objections. Only objections which are not reserved for time of trial by these rules or

which are based on privileges or raised to questions seeking information beyond the scope of

discovery may be made during the course of the deposition. All objections shall be concise and

must not suggest or coach answers from the deponent. Argumentative interruptions by counsel

shall not be permitted.

(3) Instructions Not To Answer. Instructions to the deponent not to answer questions are

improper, except when based upon privilege or pursuant to rule 30(d). When a privilege is

claimed the deponent shall nevertheless answer questions related to the existence, extent, or

waiver of the privilege, such as the date of communication, identity of the declarant, and in

whose presence the statement was made.

(4) Responsiveness. Witnesses shall be instructed to answer all questions directly and

without evasion to the extent of their testimonial knowledge, unless properly instructed by

counsel not to answer.

(5) Private Consultation. Except where agreed to, attorneys shall not privately confer with

deponents during the deposition or between a question and an answer except for the purpose of

determining the existence of privilege. This includes communication in all forms. Conferences

with attorneys during normal recesses and at adjournment are permissible unless prohibited by

the court.

(6) Courtroom Standard. All counsel and parties shall conduct themselves in depositions

with the same courtesy and respect for the rules that are required in the courtroom during trial.

(7) Depositions by Remote Means. In any deposition taken by remote means, in addition to

the above rules, the following provisions apply:

(A) The witness’s demeanor and appearance shall remain their own as if they were in

person and shall not be manipulated or altered.

(B) Each person physically present in the room with the deponent during a remote

deposition shall remain audible and visible for the duration of the deposition.

(C) During the deposition, unless specifically requested to do so by the examining attorney,

the deponent shall not refer to any notes or any electronic or other means used for

communication, such as e-mail and messaging.

(D) No one shall attempt to influence the deponent’s response to an examiner’s question in

any manner, including visually, verbally, and in writing, such as notes, text messages, e-mail,

and electronic chat functions.