§31.6 Analysis

• Jurisdiction: Washington

§31.6ANALYSIS

This section analyzes application of CR 31 and Fed. R. Civ. P. 31.

(1)Serving questions; notice

Unlike depositions upon oral examination, which generally may not be taken until 30 days after service of the summons and complaint, depositions upon written questions may be taken at any time after the summons and a copy of the complaint are served or the complaint is filed.

Pursuant to RCW 70.02.060, before a party can take a deposition upon written question from a health care provider for health care information, the party's attorney must provide at least 14 days notice to the health care provider and patient or patient's attorney through service of process or first-class mail. If the patient gives written consent, no advance notice is required.

To take a deposition upon written questions, the party propounding the questions must serve all other parties a copy of the questions to be asked and a notice identifying the deponent and the officer before whom the deposition will be taken. An "officer" is defined by CR 28, and includes court commissioners, judicial officers, judges of supreme and superior courts, notaries...