DEPOSITIONS

(a) Custody of Original Transcript. (1) The original transcript of a deposition must be sent to the attorney noticing the deposition after signing and correction or waiver of the same unless otherwise stipulated to on the record at the deposition. (2) It is the duty of the attorney noticing the deposition to obtain from the reporter the original transcript thereof in a sealed envelope and to safely retain the same under conditions suitable to protect it from tampering, loss, or destruction. (3) Upon request of any party intending to offer deposition evidence at a contested hearing or trial, a copy of the transcript must be sent to that party for marking in compliance with subsection (b) of this rule.

97 (b) Use of Deposition Evidence in Contested Hearing or Trial. Unless otherwise ordered by the court, each party intending to offer any evidence by way of deposition testimony pursuant to F.R.Civ.P. 32 and F.R.Evid. 803 or 804 must: LBR 7041-1 (1) Lodge the original deposition transcript and a copy pursuant to this rule with the clerk at least 7 days before the hearing or trial at which it is to be offered; (2) Identify on the copy of the transcript the testimony the party intends to offer by bracketing in the margins the questions and answers that the party intends to offer at trial. The opposing party must likewise countermark any testimony that it plans to offer. The parties must agree between themselves on a separate color to be used by each party which must be used consistently by that party for all depositions marked in the case; (3) Mark objections to the proffered evidence of the other party in the margins of the deposition by briefly stating the ground for the objection; and (4) Serve and file notice of the portions of the deposition marked or countermarked by stating the pages and lines so marked, objections made, and the grounds indicated therefor.

The notice must be served and filed within 7 days after the party has marked, countermarked, or objects to the deposition evidence. (c) Deposition Summary. In appropriate cases and when ordered by the court, the parties may jointly prepare a deposition summary to be used in lieu of question and answer reading of a deposition at trial.