Back to Main Page / Back to List of Rules

Rule 186a. Scope of Examination (1957)


Any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories 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 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 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; and provided further, that the rights herein granted shall not require disclosure of information obtained in the course of an investigation of a claim or defense by a person employed to make such investigation.

Note: New Rule.

Source: Federal Rules 26 (a) and 26 (b).

March 19, 1957, eff. Sept. 1, 1957.


July 26, 1960, eff. Jan. 1, 1961

July 21, 1970, eff. Jan. 1, 1971

Oct. 3, 1972, eff. Feb. 1, 1973

Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Incorporated into new Rule 166b.