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Rule 186a. Scope of Examination (1973)

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, including experts, 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 evidence admissible at such trial. The provisions of Rule 168 concerning the duty to supplement answers shall apply to a party whose testimony is taken by deposition. Provided, however, that subject to the provisions of the succeeding sentence, the rights herein granted shall not extend to the work product of an attorney or 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 circumstances out of which same has arisen, and shall not require the production of written statements of witnesses or disclosure of the mental impressions and opinions of experts used solely for consultation and who will not be witnesses in the case or information obtained in the course of an investigation of a claim or defense by a person employed to make such investigation. Provided, further, that information relating to the identity and location of any potential party and of persons, including experts, having knowledge of relevant facts, and the reports, factual observations and opinions of an expert who will be called as a wit­ness, are discoverable.

Amended by order of Oct. 3, 1972, eff. Feb. 1, 1973: Language has been added and deleted to make it clear that the deponent may be examined concerning the identity and location of any person, including an expert, who has knowledge of relevant facts. The provisions of Rule 168 concerning the duty to supplement answers have been incorporated by reference, and the two provisos have been rewritten to authorize discovery of the reports, factual observations and opinions of an expert who will be called as a witness and to preclude discov­ery of the work product of an attorney and the mental impressions and opinions of an expert used solely for consultation.