Rhode Island depositions: nobody extra in the room without 48 hours' notice

Most deposition rules say nothing about who may sit in the room. Rhode Island closes it by default and reopens it only on notice.

Who may attend

Rule 30(c):

However, attendance at depositions of persons other than the deposition officer (reporter), the witness, attorneys, and parties to the action shall not be permitted unless notice of same has been given to all attorneys of record and self-represented litigants at least forty-eight (48) hours before the deposition.

The permitted list is short — reporter, witness, attorneys, parties. Everyone else needs forty-eight hours' notice to every attorney of record and every self-represented litigant.

That reaches further than it first appears. A consulting expert, a paralegal, a claims adjuster, an interpreter arranged by one side, a family member accompanying an elderly witness, a videographer who is not the deposition officer — each is outside the permitted list and each needs the notice.

Note what the rule does not require: consent. Notice alone opens the door, so an objection to an attendee has to be raised and, if not resolved, taken to the court under Rule 26(c). Give the notice early enough that the argument can happen before the day.

The examination follows the trial rules

Rule 30(c) also imports the evidence standard: "Examination and cross-examination of witnesses may proceed as permitted at the trial under the provisions of the applicable Rhode Island Rules of Evidence."

Documents at a deposition come with a subpoena attached

Rule 30(b)(5) sets a requirement that is easy to overlook:

If documents are requested to be produced at a deposition, the notice to a party deponent shall be accompanied by a copy of a subpoena duces tecum or a request made in compliance with Rule 34 for the production of documents and tangible things at the taking of the deposition. The procedures of Rules 34 and 45, respectively, shall apply to the request.

So a notice demanding documents must carry either a copy of a subpoena duces tecum or a Rule 34 request — and whichever it is, that rule's own procedure governs, including its response time. A bare line in a deposition notice asking the witness to "bring the file" does not comply.

Rhode Island's Rule 34 gives forty days to respond, so a document demand attached to a deposition notice needs to be timed against that, not against the deposition date. See Rhode Island motion to compel discovery for the response clocks.

Organizational depositions

Rule 30(b)(6) allows a party to name an organization in the notice or subpoena and describe the matters for examination. Rhode Island adds a filing step most states omit:

In that event, the organization so named shall serve and file, prior to the deposition, a written designation which identifies one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and shall set forth, for each person designated the matters on which the person will testify.

Serve and file, in advance — and matched to the matters, person by person. The designation is a document of record, not an announcement made when the deposition begins — which gives the noticing party a chance to object to the designee before the day.

Remote depositions

Where a deposition is taken by telephone or other remote means, Rule 30(b)(7) fixes its location: "For the purposes of this rule and Rules 28 (a), 37(a)(1), and 37(b)(1), a deposition taken by such means is taken in the county and at the place where the deponent is to answer questions."

Attendance and leave

Attendance of non-parties "may be compelled by subpoena as provided in Rule 45," and a party must obtain leave of court in the situations the rule specifies, "which shall be granted to the extent consistent with" the discovery principles in Rule 26.

Objections during the deposition

Rule 30(c) keeps the deposition moving whatever is objected to:

All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, to the evidence presented, to the conduct of any party, or to any other aspect of the proceedings, shall be noted by the officer upon the record of the deposition, but the examination shall proceed with the testimony being taken subject to the objections.

The design is the same everywhere it appears: note it and carry on. The objection is preserved, the answer is given, and the admissibility question is decided later by the court rather than at the table.

An objection to who is in the room falls squarely inside "any other aspect of the proceedings," so a disputed attendee under the 48-hour rule above is dealt with the same way: note it, proceed, and take it to the court if it cannot be resolved.

Stopping or limiting a deposition

Rule 30(d) offers a choice of courts:

At any time during a deposition, on motion of a party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the court in which the action is pending or the court in the county where the deposition is being taken may order the officer or examining attorney conducting the examination to cease forthwith from taking the deposition

The standard is the same wherever this provision appears — bad faith, or conduct that unreasonably annoys, embarrasses or oppresses the deponent or a party. It is not a remedy for a deposition that is merely long or hostile. A dispute about who is in the room, if it cannot be resolved on the record, is the kind of thing this provision reaches.

A short checklist

Noticing one:

1. List who will attend beyond reporter, witness, attorneys and parties — and give 48 hours' notice of them.
2. Attach a subpoena duces tecum or a Rule 34 request if you want documents; a line in the notice is not enough.
3. Time the document demand against Rule 34's response period, not the deposition date.
4. Ask for the Rule 30(b)(6) designation in advance; the organization must serve and file it.
5. Compel non-party attendance by subpoena under Rule 45.

Receiving one:

1. Check the attendee list. Anyone outside the four permitted categories needs 48 hours' notice.
2. Raise an objection to an attendee early — notice alone satisfies the rule, so the argument has to be made before the day.
3. Check what accompanies a document request; without a subpoena or a Rule 34 request it is defective.
4. File the designation before the deposition if you are the organization.
5. Remember where a remote deposition sits — the county and place where the deponent answers.

Where these rules live

• R.I. Super. Ct. R. Civ. P. 26 — General Provisions Governing Discovery
• R.I. Super. Ct. R. Civ. P. 30 — Depositions Upon Oral Examination
• R.I. Super. Ct. R. Civ. P. 32 — Use of Depositions in Court Proceedings
• R.I. Super. Ct. R. Civ. P. 34 — Production of Documents and Things
• R.I. Super. Ct. R. Civ. P. 45 — Subpoena
• Rhode Island motion to compel discovery
• Responding to a Rhode Island complaint

This page explains what the rules say. It isn't legal advice, and an individual court's order may restrict attendance further than the rule does.