W.R.C.P.Ch.C. 30

(a) When a Deposition May Be Taken.

(1) Without Leave. A party may, by oral questions, depose any person,

including a party, without leave of chancery 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 chancery court, and the

chancery court must grant leave to the extent consistent with Rule 26(b)(1)

and (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 plaintiffs, or by the defendants,

or by the third-party defendants;

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

(iii) the party seeks to take the deposition before the time specified in

Rule 26(d), unless the party certifies in the notice, with supporting facts,

that the deponent is expected to leave the State of Wyoming and be

unavailable for examination in this State after that time; or

(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

chancery 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

chancery court orders otherwise.

(4) By Remote Means. The parties may stipulate--or the chancery 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(a), 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 attorneys’ 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, a governmental agency, or other entity and

must describe with reasonable particularity the matters for examination.

The named organization must 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 Wyoming

Rules of Evidence, except Rules 103 and 615. 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 nonar-

gumentative 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.

(1) Duration. Unless otherwise stipulated or ordered by the chancery

court, a deposition is limited to one day of seven hours. The chancery court

must allow additional time consistent with Rule 26(b)(1) and (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 chancery court may impose an appropriate sanction--

including the reasonable expenses and attorney’s 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 chancery 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 chancery

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 chancery 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 chancery 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’s 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.