60-231. Depositions upon written questions.
60-231
60-231. Depositions upon written questions.(a) Serving questions; notice. (1) A party may take the testimony of anyperson, including a party,bydeposition upon written questions without leave of court except as providedin paragraph (2). The attendance of witnesses may becompelled by the use of subpoena as provided in K.S.A. 60-245 and amendmentsthereto.
(2) A party must obtain leave of court, which shall be granted to theextent consistent with the principles stated in subsection (b)(2) of K.S.A.60-226 and amendments thereto, if the person to be examined is confined inprison or if, without the written stipulation of the parties:
(A) The person to be examined has already been deposed in the case; or
(B) a party seeks to take a deposition of a nonparty before the timespecified in subsection (b) of K.S.A. 60-216 and amendments thereto.
(3) A party desiring to take a deposition upon written questions shallservethem upon every other party with a notice stating (A) the name andaddressof the person who is to answer them, if known, and, if the name is notknown, a general description sufficient to identify the personor the particularclass or group to which the person belongs and (B) the name ordescriptive titleand address of the officer before whom the deposition is to be taken. Adeposition upon written questions may be taken of a public or privatecorporation or a partnership, association or governmental agency inaccordance with the provisions of subsection (b) of K.S.A. 60-230and amendments thereto.
(4) Within 14 days after the notice and written questions areserved, a party may serve cross-questions upon all other parties. Within 14days after being served with cross-questions, a party may serveredirect questions upon all other parties. Within 14 days afterbeingserved with redirect questions, a party may serve recross-questions uponall other parties. The court may for cause shown enlarge or shorten thetime.
(b) Officer to take responses and prepare record. A copy of thenotice and copies of all questions served shall be delivered by the partytaking the depositions to the officer designated in the notice, who shallproceed promptly, in the manner provided by subsections (c), (e) and (f) ofK.S.A. 60-230, and amendments thereto, to take the testimony of thewitness in response to thequestions and to prepare, certify and either deliver or file ormail the deposition,attaching thereto the copy of the notice and the questions received by theofficer.
History: L. 1963, ch. 303, § 60-231;amended by Supreme Court order dated July 20, 1972;L. 1987, ch. 218, § 3;L. 1997, ch. 173, § 14; July 1.