RULE CR 30
                  DEPOSITIONS UPON ORAL EXAMINATION


    (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
(exclusive of the day of service, Saturdays, Sundays and court holidays) 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 or by any means reasonably
likely to provide actual notice. The notice shall state the time and place
for taking the deposition and 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 him or the particular class or group to which he
belongs. 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 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 his
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 his signature constitutes a certification by him that to
the best of his 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 he was served with notice under this
subsection (b)(2) he 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 him.

    (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 his own
expense. Any objections under section (c), any changes made by the witness,
his signature identifying the deposition as his 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 his 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 he 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) The parties may stipulate in writing or the court may upon motion
order that a deposition be taken by telephone or by other electronic means.
For the purposes of this rule and rules 28(a), 37(a)(1), 37(b)(1), and
45(d), a deposition taken by telephone or by other electronic means is
taken at the place where the deponent is to answer questions propounded to him.

    (8) Videotaping of depositions.

    (A) Any party may videotape 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 recorded on videotape. Failure to so
state shall preclude the use of videotape equipment at the deposition,
absent agreement of the parties or court order.

    (B) No party may videotape 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 videotape 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
videotaping 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 videotape.

    (E) A stenographic record of the deposition shall be made
simultaneously with the videotape at the expense of the noting party.

    (F) The area to be used for videotaping 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: (a) the operators name, address and telephone
number, (b) the name and address of the operators employer, (c) the date,
time and place of the deposition, (d) the caption of the case, (e) the name
of the deponent, and (f) 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 tape is used, the operator shall announce on
camera the end of each tape and the beginning of the next tape.

    (G) Absent agreement of the parties or court order, if all or any part
of the videotape 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 videotaped 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 tape. 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 videotape be made, or that the
person playing the tape at trial suppress the objectionable portions of the
tape. In no event, however, shall the original videotape be affected by any
editing process.

    (H) After the deposition has been taken, the operator of the videotape
equipment shall attach to the videotape a certificate that the recording is
a correct and complete record of the testimony by the deponent. Unless
otherwise agreed by the parties on the record, the operator shall retain
custody of the original videotape. The custodian shall store it under
conditions that will protect it against loss or destruction or tampering,
and shall preserve as far as practicable the quality of the tape and the
technical integrity of the testimony and images it contains. The custodian
of the original videotape 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 tape be preserved for a longer period.

    (I) The use of videotaped 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 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. 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 he 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 therefor; 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 therefor, 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 him
and his 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 him and the witness because of such
failure does not attend, and if another party attends in person or by
attorney because he 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 him and his 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 between a question
and an answer except for the purpose of determining the existence of
privilege. 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.


[Amended effective July 1, 1972; April 2, 1979; September 1, 1985;
September 1, 1988; September 1, 1989; September 1, 1993; September 1, 2005.]