(a) Types of discovery permittedThe following types of discovery may be sought, through service of a subpoena and without a court order, from a member of a class who is not a party representative or who has not appeared:
(2) A written deposition; and(3) A deposition for production of business records and things.(b) Motion for protective orderA party representative, deponent, or other affected person may move for a protective order to preclude or limit the discovery.
(c) Interrogatories require court orderA party may not serve interrogatories on a member of a class who is not a party representative or who has not appeared, without a court order.
(d) Determination by courtIn deciding whether to allow the discovery requested under (a) or (c), the court must consider, among other relevant factors:
(1) The timing of the request;(2) The subject matter to be covered;(3) The materiality of the information being sought;(4) The likelihood that class members have such information;(5) The possibility of reaching factual stipulations that eliminate the need for such discovery;(6) Whether class representatives are seeking discovery on the subject to be covered; and(7) Whether discovery will result in annoyance, oppression, or undue burden or expense for the members of the class. Rule 3.768 amended and renumbered effective 1/1/2007; adopted as rule 1858 effective 1/1/2002.