Section FIFTY-TWO. Hundred twenty-nine of this article shall also apply to disclosure under this rule  


Latest version.
  • (b)  Fees. A judgment debtor served with a subpoena under this section
      and any other person served with an information subpoena  shall  not  be
      entitled  to  any fee. Any other person served with a subpoena requiring
      attendance or the production of  books  and  papers  shall  be  paid  or
      tendered  in advance authorized traveling expenses and one day's witness
      fee.
        (c) Time and place of examination. A deposition  on  oral  or  written
      questions  or  an  examination  of books and papers may proceed upon not
      less than ten days' notice to the person subpoenaed,  unless  the  court
      orders  shorter  notice, before any person authorized by subdivision (a)
      of rule 3113. An examination shall be held during business hours and, if
      taken within the state, at a place specified in rule 3110. Upon  consent
      of the witness, an examination may be held at any other place within the
      state and before any officer authorized to administer an oath.
        (d)  Conduct of examination. The officer before whom the deposition is
      to be taken shall put the witness on oath. If requested  by  the  person
      conducting the examination, the officer shall personally, or by some one
      acting  under  his  direction,  record  and transcribe the testimony and
      shall list all appearances by the parties and attorneys. Examination and
      cross-examination of the witness shall proceed as permitted in the trial
      of actions in open court. Cross-examination need not be limited  to  the
      subject  matter  of the examination in chief. All objections made at the
      time of the examination to the qualifications of the officer taking  the
      deposition,  or of a person recording it, or to the manner of taking it,
      or to the testimony presented, or to the conduct of any person, and  any
      other  objection  to the proceedings, shall be noted by the officer upon
      the deposition and the deposition shall proceed subject to the right  of
      a  person to apply for a protective order. The deposition shall be taken
      continuously and without  unreasonable  adjournment,  unless  the  court
      orders  or  the  witness  agrees  otherwise.  If  the  witness  does not
      understand the English language, the judgment creditor shall, at his own
      expense, provide a translation of all questions and answers. Unless  the
      court  orders  otherwise, a person other than the judgment debtor served
      with a subpoena duces tecum requiring the production of books of account
      may produce in place of the original books of account a sworn transcript
      of such accounts as are relevant.
        (e) Signing deposition; physical preparation. At the  request  of  the
      person  conducting the examination, a deposition on written questions or
      a deposition on oral questions  which  has  been  transcribed  shall  be
      submitted to the witness and shall be read to or by him, and any changes
      in  form or substance which the witness desires to make shall be entered
      upon the deposition with a statement of the reasons given by the witness
      for making them; and the deposition shall then be signed by the  witness
      before  any  officer  authorized  to  administer an oath. If the witness
      fails to sign the deposition, the officer before whom the deposition was
    
      taken shall sign it and state on the record the fact  of  the  witness's
      failure  or  refusal  to  sign  together  with  any  reason  given.  The
      deposition may then be used as fully as though signed.  Where  testimony
      is  transcribed,  the officer before whom the deposition was taken shall
      certify on the deposition that the witness was duly  sworn  by  him  and
      that  the  deposition  is  a  true  record of the testimony given by the
      witness.
        (f) Subsequent examination. Leave of court is  required  to  compel  a
      judgment  debtor to appear for the taking of his deposition or to compel
      the production by him of books and papers  within  one  year  after  the
      conclusion  of  a  previous  examination of him with respect to the same
      judgment.