Subd. 1.Oral Deposition. Depositions must be taken upon oral examination, with accommodation for those who are disabled in communication.Subd. 2.Oath and Record of Examination. The witness must be sworn, and a verbatim record of the testimony of the witness must be taken. The testimony must be taken stenographically and transcribed unless the court directs otherwise.
If the court orders recording of the deposition testimony by other than stenographic means, the order must designate the manner of recording, preserving, and filing the deposition, and may include other provisions to assure that the recorded testimony will be accurate and trustworthy. A party may arrange to have a stenographic transcription made at that party's own expense.
Subd. 3.Scope and Manner of Examination--Objections--Motion to Terminate.(a) The defendant's deposition cannot be taken without that defendant's consent.(b) The scope and manner of examination and cross-examination must be the same as that allowed at trial. Each party possessing a statement of the witness being deposed must make it available to the other party for examination and use at the deposition if the other party would be entitled to it at trial.(c) The person taking the deposition must record all objections made during the examination to the qualifications of the person taking the deposition, the manner of taking it, the evidence presented, the conduct of any party, or any other objection to the proceedings. Objected-to evidence is taken subject to the objections.(d) On motion of a party or of the deponent during the deposition, and on a showing that the examination is being conducted in bad faith, or in a manner that annoys, embarrasses, or oppresses the deponent or party or elicits privileged testimony, the court that ordered the deposition may order the person conducting the examination to stop taking the deposition. The court may also limit the deposition by one or both of the following:(1) restricting its subject matter;(2) requiring that the examination be conducted with no one present except persons designated by the court. On demand of the objecting party or deponent, the taking of the deposition must be suspended for the time necessary to move for the order.