WSR 20-23-103
RULES OF COURT
STATE SUPREME COURT
[November 6, 2020]
IN THE MATTER OF THE PROPOSED AMENDMENTS TO CR 30 (b)(1)—DEPOSITIONS UPON ORAL EXAMINATION, AND CR 43 (f)(1)—TAKING OF TESTIMONY
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ORDER
NO. 25700-A-1312
Aderant CompuLaw, having recommended the adoption of the proposed amendments to CR 30 (b)(1)—Depositions Upon Oral Examination, and CR 43 (f)(1)—Taking of Testimony, 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; VideoTape Recording.
(1) A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing of not less than 5 days (exclusive of the day of service, Saturdays, Sundays and court holidays)pursuant to CR 6 to every other party to the action and to the deponent, if not a party or a managing agent of a party. Notice to a deponent who is not a party or a managing agent of a party may be given by mail or by any means reasonably likely to provide actual notice. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify the deponent or the particular class or group to which the deponent belongs. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice. A party seeking to compel the attendance of a deponent who is not a party or a managing agent of a party must serve a subpoena on that deponent in accordance with rule 45. Failure to give 5 days notice to a deponent who is not a party or a managing agent of a party may be grounds for the imposition of sanctions in favor of the deponent, but shall not constitute grounds for quashing the subpoena.
(c) – (h) [Unchanged.]
CR 43
TAKING OF TESTIMONY
(a) – (e) [Unchanged.]
(f) Adverse Party as Witness.
(1) Party or Managing Agent as Adverse Witness. A party, or anyone who at the time of the notice is an officer, director, or other managing agent (herein collectively referred to as "managing agent") of a public or private corporation, partnership or association that is a party to an action or proceeding may be examined at the instance of any adverse party. Attendance of such deponent or witness may be compelled solely by notice (in lieu of a subpoena) given in the manner prescribed in rule 30 (b)(1) to opposing counsel of record. Notices for the attendance of a party or of a managing agent at the trial shall be given not less than 10 days before trial (exclusive of the day of service, Saturdays, Sundays, and court holidays)pursuant to CR 6. For good cause shown in the manner prescribed in rule 26(c), the court may make orders for the protection of the party or managing agent to be examined.
(2) – (3) [Unchanged.]
(g) – (h) [Unchanged.]