TITLE FIVE — DEPOSITION AND DISCOVERY
Rule 24. Depositions of Witnesses Upon Written Questions
When a Deposition May Be Taken. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon written questions. The attendance of a witness may be compelled by subpoena as provided in Rule 32. The deposition of a person held in custody may be taken only by leave of court upon such terms as the court prescribes. Leave of court is required in the circumstances stated in Rule 23(1)(b), and shall be granted to the extent consistent with Rule 19(2) and Rule 19(3).
Serving Questions; Notice. A party desiring to take a deposition upon written questions shall serve the questions upon every other party with a notice stating:
the username of the person who is to answer them, if known, and, if the username is not known, a general description sufficient to identify that person or the particular class or group to which that person belongs;
the username or descriptive title of the officer before whom the deposition is to be taken; and
the method by which the responses will be recorded.
A deposition upon written questions may be taken of a public or private corporation, a partnership, an association, a business entity, or a governmental agency or department, which shall designate a person to testify on its behalf as Rule 23(6) provides.
Cross, Redirect, and Recross Questions. Within twenty-four (24) hours after being served with the direct questions, a party may serve cross-questions upon every other party. Within twelve (12) hours after being served with cross-questions, a party may serve redirect questions upon every other party. Within twelve (12) hours after being served with redirect questions, a party may serve recross-questions upon every other party. The court may, for cause shown, enlarge or shorten these times, and shall shorten them where necessary to permit the deposition to be completed within the pre-trial period allowed by Rule 6(1).
Delivery to the Officer; Officer’s Duties. A copy of the notice and copies of all questions served shall be delivered by the party taking the deposition to the officer designated in the notice. The officer shall promptly take the testimony of the witness in response to the questions, shall propound the questions in the order served without comment or elaboration, and shall record the answers verbatim. The officer shall then prepare, certify, and deliver or send the deposition to the party taking it, attaching the copy of the notice and the questions received. Rule 23(5), Rule 23(11), and Rule 23(12) apply to a deposition under this rule.
Notice of Receipt. When the deposition is received, the party taking it shall promptly give notice thereof to every other party and shall furnish a copy upon payment of the reasonable charge.
Objections to the Form of a Question. An objection to the form of a written question is waived unless served upon the party propounding the question within twelve (12) hours after the question is served, or within the time allowed for serving the next succeeding set of questions, whichever is earlier.