Back to Main Page / Back to List of Rules

Rule 206. Certification and Filing by Officer; Exhibits; Copies; Notice of Filing (1984)

TEXT

1. Certification and Filing by Officer. The officer shall certify on the deposition that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness. The officer shall include the amount of his charges for the preparation of the completed deposition in the certification. Unless otherwise ordered by the court, he shall then securely seal the deposition in an envelope endorsed with the title of the action and marked "Deposition of [here insert name of witness]" and shall promptly file it with the court in which the action is pending or send it by registered or certified mail to the clerk thereof for filing.

2. Exhibits. Documents and things produced for inspection during the examination of the witness, shall, upon the request of a party, be marked for identification and annexed to the deposition and may be inspected and copied by any party, except that if the person producing the materials desires to retain them he may (a) offer copies to be marked for identification and annexed to the deposition and to serve thereafter as originals if he affords to all parties fair opportunity to verify the copies by comparison with the originals, or (b) offer the originals to be marked for identification, after giving to each party an opportunity to inspect and copy them, in which event the materials may then be used in the same manner as if annexed to the deposition. Any party may move for an order that the original be annexed to and returned with the deposition to the court, pending final disposition of the case.

3. Copies. Upon payment of reasonable charges therefor, the officer shall furnish a copy of the deposition to any party or to the deponent.

4. Notice of Filing. The person filing the deposition shall give prompt notice of its filing to all parties.

5. Inspection of Filed Deposition. After it is filed, the deposition shall remain on file and be available for the purpose of being inspected by the deponent or any party and the deposition may be opened by the clerk or justice at the request of the deponent or any party, unless otherwise ordered by the court.

This is a new rule by order of Dec. 5, 1983, eff. April 1, 1984. The former Rule 206 is incorporated into Rule 204. This rule revises and incorporates former Rules 208, 208a, and 210.

AMENDMENTS

July 15, 1987, eff. Jan. 1, 1988

April 24, 1990, eff. Sept. 1, 1990

Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rule 203.1 et seq.