WSR 20-23-102
RULES OF COURT
STATE SUPREME COURT
[November 6, 2020]
IN THE MATTER OF THE PROPOSED AMENDMENTS TO CR 30—DEPOSITIONS UPON ORAL EXAMINATION
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ORDER
NO. 25700-A-1311
The Washington Court Reporters Association, having recommended the adoption of the proposed amendments to CR 30—Depositions Upon Oral Examination, and the Court having considered the proposed amendments, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;
Now, therefore, it is hereby
ordered:
(a) That the proposed amendments as shown below are adopted.
(b) That pursuant to the emergency provisions of GR 9 (j)(1), the proposed amendments will be published in the Washington Reports and will become effective on February 1, 2021.
dated at Olympia, Washington this 6th day of November, 2020.
 
 
Stephens, C.J.
Johnson, J.
 
Gordon McCloud, J.
Madsen, J.
 
Yu, J.
Owens, J.
 
Montoya-Lewis, J.
Gonzalez, J.
 
Whitener, J.
CR 30
DEPOSITIONS UPON ORAL EXAMINATION
(a) [Unchanged.]
(b) Notice of Examination: General Requirements; Special Notice; NonstenographicRecording; Production of Documents and Things; Deposition of Organization; VideoRecording.
(1) - (6) [Unchanged.]
(7) The parties may stipulate in writing or the court may upon motion order that a deposition be taken by telephone or by other electronic means. For the purposes of this rule and rules 28(a), 37 (a)(1), 37 (b)(1), and 45(d), a deposition taken by telephone or by other electronic means is taken at the place where the deponent is to answer the propounded questions.
(8) [Unchanged.]
(c) Examination and Cross Examination; Record of Examination; Oath; Objections.
Examination and cross examination of witnesses may proceed as permitted at the trial under the provisions of the Washington Rules of Evidence (ER). The officer before whom the deposition is to be taken under rule 28(a) shall put the witness on oath and shall personally, or by someone acting under the officer's direction and in the officer's presence, record the testimony of the witness. However, such oath and recording may be administered by the officer from a location remote from the deponent, provided that the officer is located within this state. The testimony shall be taken stenographically or recorded by any other means ordered in accordance with subsection (b)(4) of this rule. If requested by one of the parties, the testimony shall be transcribed.
All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. A judge of the superior court, or a special master if one is appointed pursuant to rule 53.3, may make telephone rulings on objections made during depositions. In lieu of participating in the oral examination, parties may serve written questions in a sealed envelope on the party taking the deposition and the party shall transmit them to the officer, who shall propound them to the witness and record the answers verbatim.
(d) - (h) [Unchanged.]