2009 Kansas Code
Chapter 60 PROCEDURE, CIVIL
Article 2 RULES OF CIVIL PROCEDURE
60-231. Depositions upon written questions.

60-231

Chapter 60.--PROCEDURE, CIVIL Article 2.--RULES OF CIVIL PROCEDURE

      60-231.   Depositions upon written questions. (a) Serving questions; notice. (1) A party may take the testimony of any person, including a party, by deposition upon written questions without leave of court except as provided in paragraph (2). The attendance of witnesses may be compelled by the use of subpoena as provided in K.S.A. 60-245 and amendments thereto.

      (2)   A party must obtain leave of court, which shall be granted to the extent 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 in prison 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 time specified in subsection (b) of K.S.A. 60-216 and amendments thereto.

      (3)   A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating (A) the name and address of the person who is to answer them, if known, and, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs and (B) the name or descriptive title and address of the officer before whom the deposition is to be taken. A deposition upon written questions may be taken of a public or private corporation or a partnership, association or governmental agency in accordance with the provisions of subsection (b) of K.S.A. 60-230 and amendments thereto.

      (4)   Within 14 days after the notice and written questions are served, a party may serve cross-questions upon all other parties. Within 14 days after being served with cross-questions, a party may serve redirect questions upon all other parties. Within 14 days after being served with redirect questions, a party may serve recross-questions upon all other parties. The court may for cause shown enlarge or shorten the time.

      (b)   Officer to take responses and prepare record. A copy of the notice and copies of all questions served shall be delivered by the party taking the depositions to the officer designated in the notice, who shall proceed promptly, in the manner provided by subsections (c), (e) and (f) of K.S.A. 60-230, and amendments thereto, to take the testimony of the witness in response to the questions and to prepare, certify and either deliver or file or mail the deposition, attaching thereto the copy of the notice and the questions received by the officer.

      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.