Section 9.5 When To Use Depositions

• Library: Sources of Proof (2014 Ed.)

1. (§9.5) When To Use Depositions

Depositions may be taken of any person or corporation, party or nonparty. Rule 57.03(a); Norkunas v. Norkunas, 480 S.W.2d 92 (Mo. App. E.D. 1972). A plaintiff must wait 30 days after service of process before taking any depositions. Rule 57.03(a). Exceptions are granted with leave of court and when any defendant has sought any discovery. Id. A simple notice of deposition sent with at least 7 days’ notice is all that is required to compel attendance of a party. See §9.23, infra. The time can be shortened or lengthened by the court for cause shown. Rule 57.03(b)(2). Counsel is allowed to take a deposition by telephone. Rule 57.03(b)(1). The use of video conferencing for taking depositions is also becoming increasingly popular as the technology has gotten better and cheaper...