§ RULE 2.307 DEPOSITIONS ON WRITTEN QUESTIONS

Codes > Michigan Court Rules > Chapter 2 > Subchapter 2.300 > RULE 2.307

RULE 2.307 DEPOSITIONS ON WRITTEN QUESTIONS

(A) Serving Questions; Notice.

(1) Under the same circumstances as set out in MCR 2.306(A), a party may take the testimony of a person, including a party, by deposition on written questions. The attendance of the witnesses may be compelled by the use of a subpoena as provided in MCR 2.305. A deposition on written questions may be taken of a public or private corporation or partnership or association or governmental agency in accordance with the provisions of MCR 2.306(B)(5).

(2) A party desiring to take a deposition on written questions shall serve them on every other party with a notice stating

(a) the name and address of the person who is to answer them, if known, and, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs; and

(b) the name or descriptive title and address of the person before whom the deposition is to be taken.

(3) Within 14 days after the notice and written questions are served, a party may serve cross-questions on all other parties. Within 7 days after being served with cross-questions, a party may serve redirect questions on all other parties. Within 7 days after being served with redirect questions, a party may serve recross-questions on all other parties. The parties, by stipulation in writing, or the court, for cause shown, may extend or shorten the time requirements.

(B) Taking of Responses and Preparation of Record. A copy of the notice, any stipulation, and copies of all questions served must be delivered by the party who proposed the deposition to the person before whom the deposition will be taken as stated in the notice. The person before whom the deposition is to be taken must proceed promptly to take the testimony of the witness in response to the questions, and, if requested, to transcribe, certify, and file the deposition in the manner provided by MCR 2.306(C), (E), and (F), attaching the copy of the notice, the questions, and any stipulations of the parties.