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Rule 186a. Scope of Examination (1971)

TEXT

Any party may take the testimony of any person, including a party, by deposition upon oral examination or written questions for the purpose of discovery or for use as evidence in the action or for both purposes. Unless otherwise ordered by the court as provided by Rule 186b the deponent may be examined regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the examining party or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts. It is not ground for objection that the testimony will not be admissible at the trial of the cause in which the deposition is taken if the testimony sought appears reasonably calculated to relate to the discovery of admissible evidence at such trial. Provided, however, that the rights herein granted shall not require: (1) the production of written statements of witnesses or extend to com­munications passing between agents or representatives or the employees of either party to the suit, or communications between any party and his agents, repre­sentatives, or their employees, where made subsequent to the occurrence or transaction upon which the suit is based, and made in connection with the prosecution, investigation, or defense of such claim, or the circumstance out of which same has arisen, or (2) the disclosure of information obtained in the course of an investigation of a claim or defense by a person employed to make such investigation; and provided further, that information relating to the identity and location of any potential party or witness to the occurrence at issue may be obtained from any person having such knowledge.

Amended by order of July 21, 1970, eff. Jan. 1, 1971: The word "questions" has been substituted for "interrogatories" in the first sentence, and the final proviso has been added to permit the eliciting of information concerning the identity and location of any potential party or witness.