W.R.C.P.Ch.C. 31

(a) When a Deposition May Be Taken.

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

including a party, without leave of chancery court except as provided in Rule

31(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 30 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 a deposition before the time specified in

Rule 26(d); or

(B) if the deponent is confined in prison.

(3) Service; Required Notice. A party who wants to depose a person by

written questions must serve them on every other party, with a notice

stating, 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. The notice must

also state the name or descriptive title and the address of the officer before

whom the deposition will be taken.

(4) Questions Directed to an Organization. A public or private corporation,

a partnership, an association, or a governmental agency may be deposed by

written questions in accordance with Rule 30(b)(6).

(5) Questions from Other Parties. Any questions to the deponent from

other parties must be served on all parties as follows: cross-questions, within

14 days after being served with the notice and direct questions; redirect

questions, within seven days after being served with cross-questions; and

recross-questions, within seven days after being served with redirect questions. The court may, for good cause, extend or shorten these times.

(b) Delivery to the Officer; Officer’s Duties. The party who noticed the

deposition must deliver to the officer a copy of all the questions served and of

the notice. The officer must promptly proceed in the manner provided in Rule

30(c), (e), and (f) to:

(1) take the deponent’s testimony in response to the questions;

(2) prepare and certify the deposition; and

(3) send it to the party, attaching a copy of the questions and of the notice.

(c) Notice of Completion or Filing.

(1) Completion. The party who noticed the deposition must notify all other

parties when it is completed.

(1) Filing. A party who files the deposition must promptly notify all other

parties of the filing.