Rule 30 - [Effective 1/1/2025] Depositions by oral examination(a)When a deposition may betaken.(1)Without leave. A party may, by oral questions, depose any person, including a party, without leave of court except as provided in Rule 30(a)(2), The deponent's attendance may be compelled by subpoena under Rule 45.(2)With leave. Taking a deposition before the time specified under Rule 26(d), or taking a deposition of an incarcerated person, requires leave of court.(3) 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 expected to leave the State and be unavailable for examination in this State unless deposed before expiration of the 30-day period, and (B) sets forth facts to support the statement. The plaintiffs attorney shall sign the notice, and the attorney's signature constitutes a certification by the attorney that to the best of the attorney's knowledge, information and belief the statement and supporting facts are true. If a party shows that when the party was served with notice under Rule 30 the 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 the party.
(b)Notice of the deposition; other formal requirements.(1)Notice in general. A party who wants to depose a person by oral questions shall give reasonable written notice to every other party. The notice shall state the time and place of the deposition and, if known, the deponent's name and address. If the name is unknown, the notice shall provide a general description sufficient to identify the person or the particular class or group to which the person belongs.(2)Producing documents. If a subpoena duces tecum is to be served on the deponent, the materials designated for production, as set out in the subpoena, shall be listed in the notice or in an attachment. The notice to a party deponent may be accompanied by a request under Rule 34 to produce documents and tangible things at the deposition.(3)Method of Recording.(A) Method stated in the notice. The party who notices the deposition shall state in the notice the method for recording the testimony. Unless the court orders otherwise, testimony may be recorded by audio, audiovisual, or stenographic means. The noticing party bears the recording costs. Any party may arrange to transcribe a deposition.(B) Additional method, With prior notice to the deponent and other parties, any party may designate another method for recording the testimony in addition to that specified in the original notice. That party bears the expense of the additional record or transcript unless the court orders otherwise.(4)By remote means. Any deposition may be taken by telephone, videoconference, or other remote means. For the purpose of this rule and Rules 28(a), 37(a)(2) and 37 (b)(1). the deposition takes place where the deponent answers the questions. The party taking a deposition by remote means is responsible for ensuring that the witness has the appropriate technology to participate. If the witness is a non-party, the party taking the deposition bears the cost of providing the appropriate technology.(5)Officer's duties.(A) Before the deposition. Unless the parties stipulate otherwise, a deposition shall be conducted before an officer appointed or designated under Rule 28. The officer shall begin the deposition with an on-the-record statement that includes: (i) the officer's name and business address;(ii) the date, time and place of the deposition;(iii) the deponent's name;(iv) the officer's administration of the oath or affirmation to the deponent; and(v) the identity of all persons present.(B) Conducting the deposition; avoiding distortion. If the deposition is recorded non-steno graphically, the officer shall repeat the items in Rule 30(b)(5)(A)(i)-(iii) at the beginning of each unit of the recording medium. The deponent's and attorneys' appearance or demeanor shall not be distorted through recording techniques.(C) After the deposition. At the end of a deposition, the officer shall state on the record that the deposition is complete and shall set out any stipulations made by the attorneys about custody of the transcript or recording and of the exhibits, or about any other pertinent matters.(6)Notice or subpoena directed to an organization. In its notice or subpoena, a party may name as the deponent a public or private corporation, a partnership, an association, a governmental agency, or other entity and shall describe with reasonable particularity the matters for examination. The named organization shall then designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf; and it may set out the matters on which each person designated will testify. Before or promptly after the notice or subpoena is served, the serving party and the organization shall confer in good faith about the matters for examination. A subpoena shall advise a nonparty organization of its duty to make this designation and to confer with the serving party. The persons designated shall testify about information known or reasonably available to the organization. This paragraph (6) does not preclude a deposition by any other procedure allowed by these rules.(c)Examination and cross-examination; record of the examination; objections; written questions.(1)Examination and cross-examination. The examination and cross- examination of a deponent proceed as they would at trial under the West Virginia Rules of Evidence, except Rules 103 and 615. After putting the deponent under oath or affirmation, the officer shall record the testimony by the method designated under Rule 30(b)(3)(A). The testimony shall be recorded by the officer personally or by a person acting in the presence and under the direction of the officer.(2)Objections. An objection at the time of the examination-whether to evidence, to a party's conduct, to the officer's qualifications, to the manner of taking the deposition, or to any other aspect of the deposition-shall be noted on the record, but the examination still proceeds; the testimony is taken subject to any objection. An objection shall be stated concisely in a nonargumentative and nonsuggestive manner. A person may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation ordered by the court, or to present a motion under Rule 30(d)( 3).(3)Participating through written questions. Instead of participating in the oral examination, a party may serve written questions in a sealed envelope on the party noticing the deposition, who shall deliver them to the officer. The officer shall ask the deponent those questions and record the answers verbatim.(d)Duration; sanction; motion to terminate or limit.(1)Duration. Unless otherwise stipulated or ordered by the court, a deposition is limited to 1 day of 7 hours. The court shall allow additional time consistent with Rule 26(b)(2) if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.(2)Sanction. The court may impose an appropriate sanction-including the reasonable expenses and attorney fees incurred by any party-on a person who impedes, delays, or frustrates the fair examination of the deponent.(3)Motion to terminate or limit.(A) Grounds. At any time during a deposition, the deponent or a party may move to terminate or limit it on the ground that it is being conducted in bad faith or in a manner that unreasonably annoys, embarrasses, or oppresses the deponent or party. The motion may be filed in the court where the action is pending or the deposition is being taken. If the objecting deponent or party so demands, the deposition shall be suspended for the time necessary to obtain an order.(B) Order. The court may order that the deposition be terminated or may limit its scope and manner as provided in Rule 26(c). If terminated, the deposition may be resumed only by order of the court where the action is pending.(C) Award of expenses. Rule 37(a)( 5) applies to the award of expenses.(e)Review by the witness; dhanges.(1)Review; statement of changes. On request by the deponent or a party before the deposition is completed, the deponent shall be allowed 30 days after being notified by the officer that the transcript or recording is available in which: (A) to review the transcript or recording; and(B) if there are changes in form or substance, to sign a statement listing the changes and the reasons for making them.(2)Changes indicated in the officer's certificate. The officer shall note in the certificate prescribed by Rule 30(f)(1) whether a review was requested and, if so, shall attach any changes the deponent makes during the 30-day period.(f)Certification and delivery; exhibits; copies of the transcript or recording; filing. (1)Certification and delivery. The officer shall certify in writing that the witness was duly sworn and that the deposition accurately records the witness's testimony. The certificate shall accompany the record of the deposition. Unless the court orders otherwise, the officer shall seal the deposition in an envelope or package bearing the title of the action and marked "Deposition of [witness's name]" and shall promptly send it to the attorney who arranged for the transcript or recording. The attorney shall store it under conditions that will protect it against loss, destruction, tampering, or deterioration.(2)Documents and tangible things.(A) Originals and copies. Documents and tangible things produced for inspection during a deposition shall, on a party's request, be marked for identification and attached to the deposition. Any party may inspect and copy them. But if the person who produced them wants to keep the originals, the person may: (i) offer copies to be marked, attached to the deposition, and then used as originals-after giving all parties a fair opportunity to verify the copies by comparing them with the originals; or(ii) give all parties a fair opportunity to inspect and copy the originals after they are marked-in which event the originals may be used as if attached to the deposition.(B) Order Regarding the Originals. Any party may move for an order that the originals be attached to the deposition pending final disposition of the case.(3)Copies of the transcript or recording. Unless otherwise stipulated or ordered by the court, the officer shall retain the stenographic notes of a deposition taken steno graphically or a copy of the recording of a deposition taken by another method. When paid reasonable charges, the officer shall furnish a copy of the transcript or recording to any party or the deponent.(4)Notice of Filing. A party who files the deposition shall promptly notify all other parties of the filing,(g)Failure to attend a deposition or serve a subpoena; expenses. A party who, expecting a deposition to be taken, attends in person or by an attorney may recover reasonable expenses for attending, including attorney fees, if the noticing party failed to:(1) attend and proceed with the deposition; or(2) serve a subpoena on a nonparty deponent, who consequently did not attend.Amended effective 1/1/2025.