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Tuesday, May 21, 2024

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Hon. Michael McShane, Chief Judge

Melissa Aubin, Clerk of Court

LR 30 - Depositions

(See Fed. R. Civ. P. 30)

LR 30-1 Depositions - Generally

(a) Not Filed With the Court (See LR 5-9)

Unless directed by the Court, deposition transcripts will not be filed with the Court. Instead, they will be maintained by counsel and made available to parties in accordance with Fed. R. Civ. P. 30(b). Deposition transcripts presented for filing without approval will be returned to the offering party.

(b) Use of Non-Filed Depositions

This rule does not preclude the use of deposition transcripts as exhibits or evidence in support of a motion, or for introduction and use at trial.

(c) Availability of Copies to Non-Parties

With leave of court during the pendency of a civil action, any person may obtain a copy of a deposition transcript not on file provided they:

  1. Serve notice of their request and proposed order on all parties;
  2. Receive approval; and
  3. Pay the cost for a copy of the deposition.

LR 30-2 Notice of Deposition

Except for good cause, counsel will not serve a notice of deposition until they have made a good faith effort to confer with all counsel regarding a mutually convenient date, time, and place for the deposition.

LR 30-3 Conduct of Counsel (See Fed. R. Civ. P. 30(c) and (d))

Counsel present at a deposition will not engage in any conduct that would not otherwise be allowed in the presence of a judge.

LR 30-4 Objections (See Fed. R. Civ. P. 30(c)(2))

There should be no argument in response to an objection or an instruction not to answer.

LR 30-5 Pending Questions

If a question is pending, it must be answered before a recess is taken unless the question involves a matter of privacy right, privilege, or an area protected by the constitution, statute, or work product.

LR 30-6 Motions Relating to Depositions (See Fed. R. Civ. P. 30(d)(3))

  1. If the parties have a dispute that may be resolved with assistance from the Court, or if unreasonable or bad faith deposition techniques are being used, the deposition may be suspended so that a motion may be made immediately and heard by an available judge, or the parties may hold a telephone conference pursuant to LR 16-2(c).
  2. Alternatively, a written motion relating to the deposition may be filed after a transcript is available.
  3. The Court may impose costs, including attorney fees, on any person responsible for unreasonable or bad faith deposition techniques or behavior.

Amendment History to LR 30
December 1, 2009
LR 30-1 & LR 30-6 Corrected text to insert the (missing) word Court.
LR 30-4 Changed the reference from Fed. R. Civ. P. 30(d)(1) to 30(c)(2).
LR 30-5 Grammatical error corrected.
LR 30-6 Changed the reference from Fed. R. Civ. P. 30(d)(3) to 30(d).
LR 30.7 Removed as a rule without a rule.
LR 30.8 Removed as being inconsistent with Fed. R. Civ. P. 26(b)(4).
Generally Cross-references updated.
March 1, 2012
LR 30-1(a) In first and second sentences, "depositions" has been changed to "deposition transcripts."
LR 30-1(c) In line 1, the term "transcript" has been added following the word "deposition."
LR 30-1(c)(3) The term "transcript" has been added following "deposition."
LR 30-3 "Counsel to a deposition" has been changed to "Counsel present at a deposition."
March 1, 2014
LR 30-1 Updated cross-reference from "LR 5-2" to "LR 5-10."
LR 30-6 Changed "which" to "that."
March 1, 2016
LR 30-1(a) Updated cross-reference from "LR 5-10" to "LR 5-11."
January 1, 2019
LR 30-1(a) In the title, updated the cross-reference from "LR 5-11" to "LR 5-10."

January 21, 2020

LR 30-1(a)

Updated cross-reference from "LR 5-10" to "LR 5-9."

LR 1 - Scope and Purpose

LR 3 - Commencement of Action

LR 4 - Summons

LR 5 - Service and Filing of Pleadings and Papers

LR 5.2 - Redaction of Filings

LR 6 - Computing Time After Service

LR 7 - Motions Practice

LR 7.1 - Disclosure Statement

LR 10 - Form of Pleadings and Other Documents

LR 11 - Signature Requirements

LR 15 - Amended and Supplemental Pleadings

LR 16 - Pretrial Conferences, Scheduling, and Case Management

LR 17 – Claims Involving Protected Persons Under Fed. R. Civ. P. 17(c)

LR 23 - Class Actions

LR 26 - Discovery

LR 27 - Depositions: Before Action or Pending Appeal

LR 28 - Depositions in a Foreign Country

LR 29 - Stipulations About Discovery Procedure

LR 30 - Depositions

LR 33 - Interrogatories

LR 34 - Requests for Production

LR 36 - Requests for Admission

LR 37 - Motions to Compel

LR 38 - Right to a Jury Trial

LR 40 - Scheduling Cases for Trial

LR 41 - Dismissal of Action

LR 42 - Consolidation; Separate Trials

LR 45 - Subpoena

LR 47 - Selecting Jurors

LR 48 - Jurors and Participation in the Verdict

LR 51 - Instructions to the Jury

LR 54 - Bill of Costs and Attorney Fees

LR 55 - Default

LR 56 - Summary Judgment

LR 65 - Injunctions and Restraining Orders

LR 65.1 - Securities and Sureties

LR 67 - Deposits in Court

LR 68 - Offer of Judgment

LR 72 - Magistrate Judges: Pretrial Order

LR 73 - Magistrate Judges: Trial by Consent

LR 77 - Conducting Business; Clerk's Authority; Notice of an Order or Judgment

LR 79 - Records Kept by the Clerk

LR 81 - Habeas Corpus Petitions

LR 83 - Rules and Directives - By the District Court

LR 100 - Rule Governing CM/ECF: Case Management and Electronic Case Filing - Practices

Timetable for Lawyers