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RULES OF CIVIL PROCEDURE For the Trial Division of the Yap ...

RULES OF CIVIL PROCEDURE For the Trial Division of the Yap ...

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Rule 31. Depositions Upon Written Questions.<br />

(a) Serving Questions; Notice. After commencement <strong>of</strong> <strong>the</strong> action, any party may<br />

take <strong>the</strong> testimony <strong>of</strong> any person, including a party, by deposition upon written questions.<br />

The attendance <strong>of</strong> witnesses may be compelled by <strong>the</strong> use <strong>of</strong> subpoena as provided in<br />

Rule 45. The deposition <strong>of</strong> a person confined in prison may be taken only by leave <strong>of</strong><br />

court on such terms as <strong>the</strong> court prescribes.<br />

A party desiring to take a deposition upon written questions shall serve <strong>the</strong>m upon<br />

every o<strong>the</strong>r party with a notice stating (1) <strong>the</strong> name and address <strong>of</strong> <strong>the</strong> person who is to<br />

answer <strong>the</strong>m, if known, and if <strong>the</strong> name is not known, a general description sufficient to<br />

identify him or <strong>the</strong> particular class or group to which he belongs, and (2) <strong>the</strong> name or<br />

descriptive title and address <strong>of</strong> <strong>the</strong> <strong>of</strong>ficer before whom <strong>the</strong> deposition is to be taken. A<br />

deposition upon written questions may be taken <strong>of</strong> a public or private corporation or a<br />

partnership or association or governmental agency in accordance with <strong>the</strong> provisions <strong>of</strong><br />

Rule 30(b)(6).<br />

Within, 30 days after <strong>the</strong> notice and written questions are served, a party may serve<br />

cross questions upon all o<strong>the</strong>r parties. Within 10 days after being served with cross<br />

questions, a party may serve redirect questions upon all o<strong>the</strong>r parties. Within 10 days<br />

after being served with redirect questions, a party may serve recross questions upon all<br />

o<strong>the</strong>r parties. The court may for cause shown enlarge or shorten <strong>the</strong> time.<br />

(b) Officer to Take Responses and Prepare Record. A copy <strong>of</strong> <strong>the</strong> notice and copies<br />

<strong>of</strong> all questions served shall be delivered by <strong>the</strong> party taking <strong>the</strong> deposition to <strong>the</strong> <strong>of</strong>ficer<br />

designated in <strong>the</strong> notice, who shall proceed promptly, in <strong>the</strong> manner provided by Rule<br />

30(c), (e), and (f), to take <strong>the</strong> testimony ,<strong>of</strong> <strong>the</strong> witness in response to <strong>the</strong> questions and to<br />

prepare, certify, and file or mail <strong>the</strong> deposition, attaching <strong>the</strong>reto <strong>the</strong> copy <strong>of</strong> <strong>the</strong> notice<br />

and <strong>the</strong> questions received by him.<br />

(c) Notice <strong>of</strong> Filing. When <strong>the</strong> deposition is filed <strong>the</strong> party taking it shall promptly<br />

give notice <strong>the</strong>re<strong>of</strong> to all o<strong>the</strong>r parties.<br />

Rule 32. Use <strong>of</strong> Depositions in Court Proceedings.<br />

(a) Use <strong>of</strong> Depositions. At <strong>the</strong> trial or upon <strong>the</strong> hearing <strong>of</strong> a motion or an<br />

interlocutory proceeding, any part or all <strong>of</strong> <strong>the</strong> deposition, so far as admissible under <strong>the</strong><br />

rules <strong>of</strong> evidence applied as though <strong>the</strong> witness were <strong>the</strong>n present and testifying, may be<br />

used against any party who was present or represented at <strong>the</strong> taking <strong>of</strong> <strong>the</strong> deposition or<br />

who had reasonable notice <strong>the</strong>re<strong>of</strong>, in accordance with any <strong>of</strong> <strong>the</strong> following provisions:<br />

(1) Any deposition may be used by any party for <strong>the</strong> purpose <strong>of</strong> contradicting or<br />

impeaching <strong>the</strong> testimony <strong>of</strong> deponent as a witness, or for any o<strong>the</strong>r purpose permitted by<br />

<strong>the</strong> Rules <strong>of</strong> Evidence.<br />

(2) The deposition <strong>of</strong> a party or <strong>of</strong> anyone who at <strong>the</strong> time <strong>of</strong> taking <strong>the</strong> deposition<br />

was an <strong>of</strong>ficer, director, or managing agent, or a person designated under Rule 30(b)(6)

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