§31.7 Significant Authorities

• Jurisdiction: Washington

§31.7SIGNIFICANT AUTHORITIES

There is little case law involving CR 31 or Fed. R. Civ. P. 31.

(1)Washington

Cost and scheduling problems of depositions can be minimized by using depositions pursuant to CR 31. Smith v. Orthopedics Int'l, Ltd., 170 Wn.2d 659, 667, 244 P.3d 939 (2010); Loudon v. Mhyre, 110 Wn.2d 675, 680, 756 P.2d 138 (1988) ("the cost and scheduling problems attendant with oral depositions can be minimized (though perhaps not as satisfactorily) by using depositions upon written questions pursuant to CR 31"). In addition, medical records can be obtained through CR 31's inexpensive procedures. See Smith, 244 P.3d 939; see also Holbrook v. Weyerhaeuser Co., 118 Wn.2d 306, 310, 822 P.2d 271 (1992).

(2)Federal

Deposition by written questions could be used to obtain information needed from a blood donor whose identity could not be disclosed. Watson v. Lowcountry Red Cross, 974 F.2d 482 (4th Cir. 1992).

Oral depositions should not be routinely replaced by depositions upon written questions because oral depositions allow follow-up questions and observation of the demeanor of the witness. Mill-Run Tours, Inc. v. Khashoggi, 124 F.R.D. 547, 549-50 (S.D.N.Y. 1989).

A party may not take its own deposition upon written questions...