DEPOSITIONS UPON ORAL EXAMINATION

(a) When Depositions May Be Taken. After commencement of the action 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 petitioner seeks to take a deposition within 30 days after service of the process and initial pleading on any respondent, except that leave is not required (1) if a respondent has served a notice of taking deposition or otherwise sought discovery, or (2) if special notice is given as provided in subdivision (b)(2). The attendance of witnesses may be compelled by subpoena as provided in rule 12.410. The Family Law Rules of Procedure October 1, 2025 85 deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. (b) Notice; Method of Taking; Production at Deposition. (1) A party desiring to take the deposition of any person upon oral examination must give reasonable notice in writing to every other party to the action. The notice must 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 the person or the particular class or group to which the person belongs. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced under the subpoena must be attached to or included in the notice, and if the deposition is to be taken through the use of communication technology, the parties shall provide the subpoenaed documents no later than 5 days prior to the deposition. (2) Leave of court is not required for the taking of a deposition by petitioner if the notice states that the person to be examined is about to go out of the state and will be unavailable for examination unless a deposition is taken before expiration of the 30-day period under subdivision (a). If a party shows that when served with notice under this subdivision that party was unable through the exercise of diligence to obtain counsel to represent the party at the taking of the deposition, the deposition may not be used against that party. (3) For cause shown the court may enlarge or shorten the time for taking the deposition. (4) Any deposition may be audiovisually recorded without leave of the court or stipulation of the parties, provided the deposition is taken in accordance with this subdivision. (A) Notice. In addition to the requirements in subdivision (b)(1), a party intending to audiovisually record a deposition must: Family Law Rules of Procedure October 1, 2025 86 audiovisually recorded in the title of the notice; and (i) state that the deposition is to be (ii) identify the method for audiovisually recording the deposition and, if applicable, provide the name and address of the operator of the audiovisual recording equipment in the body of the notice. (B) Court Reporter. Audiovisually recorded depositions must also be stenographically recorded by a certified court reporter, unless all parties agree otherwise. If all parties have agreed to waive the requirement of stenographic recording, then in addition to the requirements of subdivision (b)(4)(A), the notice or subpoena setting deposition shall set forth that agreement. (C) Procedure. At the beginning of the deposition, the officer before whom it is taken must, on camera: (i) identify the style of the action, (ii) state the date, and (iii) put the witness under oath as provided in subdivision (c)(1). (D) Responsibility for Recordings and Obtaining Copies. The attorney for the party, or the self-represented litigant, requesting the audiovisual recording of the deposition must take custody of and be responsible for the safeguarding of the recording. If requested, an attorney or self-represented litigant safeguarding a recording must provide a copy of the recording at the expense of the party requesting the copy unless the court order otherwise. An attorney or self-represented litigant safeguarding a recording may condition providing a copy of the recording upon receipt of payment. An attorney or self-represented litigant who fails to safeguard a recording or provide a copy as set forth in this subdivision may be subject to sanctions. (E) Cost of Audiovisually Recorded Depositions. The party requesting the audiovisual recording bears the initial cost of the recording. (5) The notice to a party deponent may be accompanied by a request made in compliance with rule 12.350 for the production of documents and tangible things at the taking of the Family Law Rules of Procedure October 1, 2025 87 deposition. The procedure of rule 12.350 applies to the request.