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(a) Before Action.

(1) Petition. A person who desires to perpetuate his or her own testimony or that of another person regarding any matter that may be cognizable in any court of the state may file a verified petition in the superior court of the county of the residence of an expected adverse party. The petition shall be entitled in the name of the petitioner and shall show: (1) that the petitioner expects to be a party to an action cognizable in a court of the state but is presently unable to bring it or cause it to be brought, (2) the subject matter of the expected action and the petitioner’s interest therein, (3) the facts which the petitioner desires to establish by the proposed testimony and the reasons for desiring to perpetuate it, (4) the names or a description of the persons the petitioner expects will be adverse parties and their addresses so far as known, and (5) the names and addresses of the persons to be examined and the substance of the testimony which the petitioner expects to elicit from each, and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition for the purpose of perpetuating their testimony.

(2) Notice and Service. The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will apply to the court, at a time and place named therein, for the order described in the petition. At least 20 days before the date of hearing the notice shall be served either within or without the state in the manner provided in rule 4(d) for service of summons; but if such service cannot with due diligence be made upon any expected adverse party named in the petition, the court may make such order as is just for service by publication or otherwise, and shall appoint, for persons not served in the manner provided by rule 4(d), an attorney who shall represent them, and, in case they are not otherwise represented, shall cross-examine the deponent.

(3) Order and Examination. If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depositions may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written interrogatories. The depositions may then be taken in accordance with these rules; and the court may make orders of the character provided for by rules 34 and 35. For the purpose of applying these rules to depositions for perpetuating testimony, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed.

(a) When Depositions May Be Taken. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition prior to the expiration of 30 days after service of the summons and complaint upon any defendant except that leave is not required (1) if a defendant has served a notice of taking deposition or otherwise sought discovery, or (2) if special notice is given as provided in subsection (b)(2) of this rule. The attendance of witnesses may be compelled by subpoena as provided in rule 45.

(b) Notice of Examination: General Requirements; Special Notice; Nonstenographic Recording; Production of Documents and Things; Deposition of Organization.

(1) Notice in General. A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice.

(2) Nonstenographic Recording. The party taking the deposition shall state in the notice the method by which the testimony shall be recorded. Unless the court orders otherwise, it may be recorded by sound, sound-and-visual, or stenographic means, and the party taking the deposition shall bear the cost of the recording. Any party may arrange for a transcription to be made from the recording of a deposition taken by nonstenographic means.

(a) Serving Questions; Notice.

(1) A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating (1) the name and address of the person who is to answer them, if known, and if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs, and (2) the name or descriptive title and address of the officer before whom the deposition is to be taken. A deposition upon written questions may be taken of a public or private corporation or a partnership or association or governmental agency in accordance with the provisions of rule 30(b)(6).

(2) Within 14 days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within 7 days after being served with cross questions, a party may serve redirect questions upon all other parties. Within 7 days after being served with redirect questions, a party may serve recross questions upon all other parties.

(a) Use of Depositions. At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence applied as though the witness were then present and testifying, may be used against any party who was present or represented at the taking of the deposition or who had reasonable notice thereof, in accordance with any of the following provisions:

(1) Impeachment and Other Uses. Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness, or for any other purpose permitted by the rules of evidence.

(2) Deposition of Party or of Person in Privity With Party. The deposition of a party or of anyone who at the time of taking the deposition was an officer, director, or managing agent, or a person designated under rule 30(b)(6) or 31(a) to testify on behalf of a public or private corporation, partnership, or association or governmental agency which is a party may be used by an adverse party for any purpose.

(a) Availability; Procedures for Use. Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party.

(b) Answers and Objections.

(1) Each interrogatory shall be answered separately and fully in writing under the penalties of perjury, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer.

(2) The party upon whom the interrogatories have been served shall serve answers and objections (if any) within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 40 days after service of the summons and complaint upon that defendant.

(a) Scope. Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on the requestor’s behalf, to inspect, copy, test, or sample any designated documents or electronically stored information—including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations—stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form, or to inspect, copy, test, or sample any tangible things which constitute or contain matters within the scope of rule 26(b) and which are in the possession, custody, or control of the party upon whom the request is served; or (2) to permit entry upon designated land or

Impact on Washington Depositions:

• In-Person Depositions: This rule allows for the preservation of testimony before an action is formally commenced, which can be crucial in situations where a witness's testimony might otherwise be lost due to delay. The ability to perpetuate testimony through in-person depositions ensures that critical evidence is preserved for future litigation.
• Remote Depositions: This rule can also be applied to remote depositions, provided that the necessary steps are taken to ensure that the testimony is properly recorded and that the rights of the involved parties are protected.
• Hybrid Depositions: Hybrid depositions under this rule would require careful planning to ensure that both in-person and remote participants can fully engage and that the deposition process remains compliant with legal standards.

Impact on Washington Depositions:

• In-Person Depositions: Rule 30 establishes the standard procedure for in-person depositions, including how they are noticed, recorded, and conducted. It ensures that all parties are informed and that the deposition is conducted in a manner that is fair and transparent.
• Remote Depositions: This rule specifically allows for depositions to be conducted by nonstenographic means, including audio or audiovisual recording. Remote depositions are permitted, and the rule provides the flexibility to accommodate modern technology, making it easier to conduct depositions when participants cannot be physically present.
• Hybrid Depositions: Hybrid depositions, where some parties participate in person and others remotely, are also supported under this rule, provided that the method of recording and the notice requirements are properly addressed. This flexibility helps ensure that depositions can proceed efficiently even when participants are in different locations.

Impact on Washington Depositions:

• In-Person Depositions: This rule provides an alternative to oral depositions by allowing depositions upon written questions, which can be useful in situations where the witness is unable to attend in person or where a more straightforward, less adversarial deposition is needed.
• Remote Depositions: Depositions upon written questions can be conducted remotely, providing an efficient way to gather testimony when in-person or oral examinations are impractical. The rule supports the use of remote technology to facilitate these depositions.
• Hybrid Depositions: Hybrid depositions could involve written questions submitted remotely with responses provided in person or vice versa. This allows for flexibility while maintaining the integrity of the deposition process.

Impact on Washington Depositions:

• In-Person Depositions: Depositions taken in person can be used in court to impeach a witness or as substantive evidence if certain conditions are met, ensuring that testimony is preserved and can be utilized effectively during litigation.
• Remote Depositions: Testimony from remote depositions is equally admissible in court, provided that the deposition was conducted according to the rules and that the testimony meets evidentiary standards. This ensures that remote depositions are given the same legal weight as in-person depositions.
• Hybrid Depositions: Hybrid depositions allow for the inclusion of testimony from multiple sources, ensuring that all relevant evidence can be presented in court, regardless of how the deposition was conducted.

Impact on Washington Depositions:

• In-Person Depositions: Rule 33 provides a way to gather information through written interrogatories, which can complement oral depositions by clarifying issues or obtaining additional details that may not have been covered during the deposition.
• Remote Depositions: The ability to serve interrogatories remotely enhances the discovery process by allowing parties to efficiently gather and exchange information without the need for in-person meetings.
• Hybrid Depositions: Hybrid depositions can be supplemented by interrogatories, allowing for a combination of oral testimony and written responses, ensuring that all aspects of a case are thoroughly explored.