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Rule 189. Notice and Service on Written Questions (1971)


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.

Amended by order of July 21, 1970, eff. Jan. 1, 1971: References to the commission have been eliminated, a reference to Rule 202 has been changed to Rule 201, the word "questions" has been substituted for "interrogatories", and the notice provisions have been rewritten to: (1) eliminate the requirement that notice be filed; (2) require ten days' notice to all other parties; and (3) require that the notice include the name or descriptive title and address of the officer.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 Oct. 3, 1972, eff. Feb. 1, 1973
April 12, 1962, eff. Sept. 1, 1962 Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 208.