Back to Main Page / Back to List of Rules

Rule 215b. Failure to Attend or to Serve Subpoena; Expenses

TEXT

(1) If the party giving the notice of the taking of an oral deposition fails to attend and proceed therewith and another party attends in person or by attorney pursuant to the notice, the court may order the party giving the notice to pay to such other party the reasonable expenses incurred by him and his attorney in attending, including reasonable attorney's fees.

(2) If the party giving the notice of the taking of an oral deposition of a witness fails to serve a subpoena upon him and the witness because of such failure does not attend, and if another party attends in person or by attorney because he expects the deposition of that witness to be taken, the court may order the party giving the notice to pay to such other party the reasonable expenses incurred by him and his attorney in attending, including reasonable attorney's fees.

Source: Subdivision (g) of Federal Rule 30.

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

Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 203.1 et seq.