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Rule 204. Examination, Cross-examination and Objections (1988)


1. Written Cross-Questions on Oral Examination. At any time before the expiration of ten days from the date of the service of the notice provided for in Rule 200, any party, in lieu of participating in the oral examination may serve written questions on the party proposing to take the deposition who shall cause them to be transmitted to the officer authorize to take the deposition who shall propound them to the witness and record the answers verbatim.

2. Oath. Every person whose deposition is taken upon oral examination shall be first cautioned and sworn to testify the truth, the whole truth and nothing but the truth.

3. Examination. The witness shall be carefully examined, his testimony shall be recorded at the time it is given and thereafter transcribed by the officer taking the deposition, or by some person under his personal supervision.

4. Objections to Testimony. The officer taking an oral deposition shall not sustain objections made to any of the testimony or fail to record the testimony of the witness because an objection is made by any of the parties or attorneys engaged in taking the testimony. Any objections made when the deposition is taken shall be recorded with the testimony and reserved for the action of the court in which the cause is pending. Absent express agreement recorded in the deposition to the contrary:

(a) objections to the form of questions or the nonresponsiveness of answers are waived if not made at the taking of an oral deposition and;

(b) except as provided in (a) above, or unless otherwise provided by agreement of the parties recorded by the officer in the deposition transcript, the court shall not be confined to objections made at the taking of the testimony.

Amended by order of July 15, 1987, eff. Jan. 1, 1988.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rule 199.5.
Aug 18, 1947, eff. Dec. 31, 1947  
July 21, 1970, eff. Jan. 1, 1971  
Dec. 5, 1983, eff. April 1, 1984