Depositions by Written Questions

(a) When a Deposition May Be Taken. RCFC 31 50 (1) Without Leave. A party may, by written questions, depose any person, including a party, without leave of court except as provided in RCFC 31(a)(2). The deponent’s attendance may be compelled by subpoena under RCFC 45. (2) With Leave. A party must obtain leave of court, and the court must grant leave to the extent consistent with RCFC 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 RCFC 30 by the plaintiffs, or by the defendant, or by the third-party defendants; (ii) the deponent has already been deposed in the case; or to (iii) the party seeks deposition before specified in RCFC 26(d); or the take a time (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, a governmental agency may be deposed by written questions in accordance with RCFC 30(b)(6). association, or an (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 7 days after being served with cross-questions; and recross-questions, within 7 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 questions served and of the notice. The officer must promptly proceed in the manner provided in RCFC 30(c), (e), and (f) to: the deponent’s (1) take 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. (2) Filing. [Not used.] (As revised and reissued May 1, 2002; as amended Nov. 3, 2008, Aug. 1, 2016.) Rules Committee Notes 2002 Revision RCFC 31 closely parallels the text of FRCP 31. Subdivision (a) is identical in wording to the current FRCP. Subdivisions (b) and (c) are nearly identical, those necessary to reflect the court’s practice of not requiring depositions to be filed. the only differences being 2008 Amendment The language of RCFC 31 has been amended to conform to the general restyling of the FRCP. 2016 Amendment RCFC 31 has been amended in accordance with the corresponding change to FRCP 31 that became effective December 1, 2015.