Section 4.7 Requirements, Timing, and Service of Notices

• Library: Discovery 2015

Rule 57.03(b) requires that the notice be in writing and contain at least:

· the name and address of each person to be examined, if known, but, if not known, a general description sufficient to identify the person or class or group to which the person belongs; and

· the time and place of taking the deposition.

It is also wise to include the hours of the day between which the deposition is to be taken and that, if not completed on that day, it will be continued from day to day thereafter between the same hours until completed. Additional requirements of the notice may include the following:

· If a subpoena duces tecum is to be served, a list of documents to be produced must be included or attached to the notice. Rule 57.03(b)(1). But a subpoena duces tecum cannot require the production of documents at a deposition that could not be obtained by a request for production. State ex rel. State Farm Mut. Auto. Ins. Co. v. Keet, 601 S.W.2d 669 (Mo. App. S.D. 1980).

· If the deponent is a corporation or other organization and the party is willing to permit it to designate the persons to testify on its behalf, the deposing...