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Rule 189. Notice and Service on Written Questions (1973)

TEXT

A party proposing to take a deposition upon written questions shall serve them upon every other party or his attorney of record with ten days' notice in writing. The notice shall state the name and residence of the witness, or the place where he is to be found, the suit in which the deposition is to be used, the name or descriptive title and address of the officer before whom the deposition is to be taken, and if a subpoena duces tecum as authorized by Rule 201 is desired, a designation of the books, papers, documents and tangible things to be produced by the witness. Whenever the adverse party is a corporation or joint stock association, service may be made upon the president, secre­tary or treasurer of such corporation or association, or upon the local agent representing such corporation or association in the county in which the suit is pending, or by leaving a copy of the notice and attached questions at the principal office of such corporation or association during office hours.

A party may in his notice name as the witness a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested. In that event, the organization so named shall designate one or more officers, directors or managing agents, or other persons to testify on its behalf, and may set forth, for each person designated, the matters on which he will testify. A subpoena shall ad­vise a non-party organization of its duty to make such a designation. The person so designated shall testify as to matters known or reasonably available to the or­ganization. This paragraph does not preclude taking a deposition by any other procedure authorized in these rules.

Amended by order of Oct. 3, 1972, eff. Feb. 1, 1973: Paragraph has been added authorizing a party to name as the witness a corporation, partnership, association or governmental agency and prescribing the procedure when that is done.