—Place of Deposition

Connecticut Practice Book

Rule: 13-29

Jurisdiction: CT

Bluebook Citation: Conn. P.B. 13-29

(a) Any party who is a resident of this state may be compelled by notice as provided in Section 13- 27 (a) to give a deposition at any place within the county of such party’s residence, or within thirty miles of such residence, or at such other place as is fixed by order of the judicial authority or as otherwise agreed. A plaintiff who is a resident of this state may also be compelled by like notice to give a deposition at any place within the county where the action is commenced or is pending. (b) A plaintiff who is not a resident of this state may be compelled by notice under Section 13-27 (a) to attend at the plaintiff’s expense an examina- tion in the county of this state where the action is commenced or is pending or at any place within thirty miles of the plaintiff’s residence or within the county of his or her residence or in such other place as is fixed by order of the judicial authority or as otherwise agreed. (c) A defendant who is not a resident of this state may be compelled: (1) By subpoena to give a deposition in any county in this state in which the defendant is per- sonally served, or (2) By notice under Section 13-27 (a) to give a deposition at any place within thirty miles of the defendant’s residence or within the county of the defendant’s residence or at such other place as is fixed by order of the judicial authority or as otherwise agreed. (d) A nonparty deponent who is a resident of this state may be compelled by subpoena served within this state to give a deposition at a place within the county of the nonparty deponent’s resi- dence or within thirty miles of such residence or at such other place as is fixed by order of the judicial authority or as otherwise agreed including the nonparty deponent. (e) In an action pending in this state, a nonparty deponent who is not a resident of this state may be compelled by subpoena to give a deposition within any county in this state in which such non- party deponent is personally served, or within the state of their residence if such nonparty deponent is served by a subpoena issued under authority of a court in that state pursuant to the Interstate Depositions and Discovery Act or, if that state has not adopted the Act, pursuant to a commission granted by a court in this state. The place of that deposition also may be at such other place as is fixed by order of the judicial authority or as other- wise agreed including the nonparty deponent. (f) In this section, the terms ‘‘plaintiff’’ and ‘‘defendant’’ include officers, directors and man- aging agents of corporate plaintiffs and corporate defendants or other persons designated under Section 13-27 (h) as appropriate. (g) If a deponent is an officer, director or manag- ing agent of a corporate party, or other person designated under Section 13-27 (h), the place of examination shall be determined as if the residence of the deponent were the residence of the party. (P.B. 1978-1997, Sec. 246.) (Amended June 14, 2024, to take effect Jan. 1, 2025; amended June 12, 2025, to take effect Jan. 1, 2026.) HISTORY—2026: In subdivision (c) (2), ‘‘his or her’’ was deleted and replaced with ‘‘the defendant’s.’’ Additionally, prior to 2026, subsection (d) read: ‘‘A nonparty deponent may be compelled by subpoena served within this state to give a deposition to a place within the county of his or her residence or within thirty miles of the nonparty deponent’s residence, or if a nonresident of this state within any county in this state in which he or she is personally served, or at such other place as is fixed by order of the judicial authority or as otherwise agreed including the nonparty deponent.’’ Furthermore, what is now subsection (e) was added, and what had been designated as subsections (e) and (f) were redesignated as subsections (f) and (g), respectively. COMMENTARY—2026: The changes to this section have been made in response to the adoption of the Interstate Depo- sitions and Discovery Act, now codified at General Statutes § 52-655 et seq. The revisions to subsection (d) address non- party deponents who are residents of this state, and new subsection (e) addresses deponents who are not residents of this state. The revised subsection (d) applies to both in-state and out-of-state actions when the nonparty deponent is a resident of this state. New subsection (e) provides additional guidance for in-state actions for the place for depositions of nonparty deponents who reside outside of this state.

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