Washington depositions: 5 days' notice, 20 for video, 120 days before any camera — and a conduct code for remote testimony

Washington rewrote CR 30 effective October 1, 2024, and the amended rule does something few deposition rules attempt: it regulates conduct, not just procedure. Subsection (h) is a code of behaviour, and its last paragraph governs what may happen off-camera during a remote deposition.

The numbers come first.

When you can take one

CR 30(a): after the summons and a copy of the complaint are served, or the complaint is filed, whichever first occurs, any party may take the testimony of any person, including a party.

That trigger reflects Washington's unusual commencement rule — under CR 3(a) an action may be commenced by service alone, so the deposition trigger has to work for a case with no court file.

Leave of court … must be obtained only if the plaintiff seeks to take a deposition prior to the expiration of 30 days after service of the summons and complaint upon any defendant … except that leave is not required (1) if a defendant has served a notice of taking deposition or otherwise sought discovery, or (2) if special notice is given as provided in subsection (b)(2).

Prisoners: the deposition of a person confined in prison "may be taken only by leave of court on such terms as the court prescribes."

Five days' notice, and who gets it

CR 30(b)(1) replaced the old "reasonable notice" formula with a floor:

A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing of not less than 5 days pursuant to CR 6 to every other party to the action and to the deponent, if not a party or a managing agent of a party.

Two things are new here.

Non-party deponents get notice directly. And the rule tells you how: "Notice to a deponent who is not a party or a managing agent of a party may be given by mail, e-mail, or by any means reasonably likely to provide actual notice."

And there is a sanction, but not a quashing. "Failure to give 5 days' notice to a deponent who is not a party or a managing agent of a party may be grounds for the imposition of sanctions in favor of the deponent, but shall not automatically constitute grounds for quashing the subpoena."

Note also that five days is fewer than seven, so CR 6(a) counts it excluding intermediate weekends and holidays.

The notice must state the time and place, the name and address of each person to be examined — or a general description where the name is unknown — and, "if the deposition will be conducted by remote means, … the information and instructions necessary to appear and attend remotely."

Where a subpoena duces tecum is to be served, the designation of materials in the subpoena must be attached to or included in the notice. And "a party seeking to compel the attendance of a deponent who is not a party or a managing agent of a party must serve a subpoena on that deponent in accordance with rule 45."

The special notice

CR 30(b)(2) lets a plaintiff go early without leave where the notice (A) states that the person to be examined "is about to go out of the state and will be unavailable for examination unless the person's deposition is taken before expiration of the 30-day period," and (B) sets forth facts to support the statement.

The plaintiff's attorney signs, and that signature "constitutes a certification … that to the best of the attorney's knowledge, information, and belief the statement and supporting facts are true. The sanctions provided by rule 11 are applicable to the certification."

And the protection for the other side: if a party shows that when served with a special notice it "was unable through the exercise of diligence to obtain counsel to represent her or him at the taking of the deposition, the deposition may not be used against the party."

Documents with the notice

CR 30(b)(5): the notice to a party deponent may be accompanied by a Rule 34 request for production at the deposition, "and the procedure of rule 34 shall apply to the request, including the time established by rule 34(b) for the party to respond."

That cross-reference matters. Rule 34(b)(3)(A) gives 30 days — 40 for a defendant served at the outset — so a document request attached to a five-day deposition notice does not come due in five days. Plan the deposition date around the Rule 34 clock, not the notice clock.

Entity depositions

CR 30(b)(6): a party may name an organization as deponent and "designate with reasonable particularity the matters on which examination is requested." The organization "shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters known on which the deponent will testify."

Note shall designate but may set forth. The allocation of matters among multiple designees is permissive in Washington, where Oregon's ORCP 39 C(6) makes it mandatory and imposes a three-day deadline.

A subpoena must advise a nonparty organization of its duty to designate. The persons designated "shall testify as to the matters known or reasonably available to the organization."

Remote depositions: three days to object

CR 30(b)(7) is the amended rule's central addition.

For the purposes of this rule and rules 37(a)(1), 37(b)(1), and 45(d), a deposition taken by remote means is taken at the place where the deponent is to answer the propounded questions. Any party may take a deposition in person or by remote means. Parties are strongly encouraged to agree to the mode and manner of deposition … before notice is served. The deposition shall proceed as noticed unless within three days of receipt of notice an objecting party or the deponent files a motion objecting to the notice.

Three days, running from receipt of notice — and it is a motion filed with the court, not a letter to opposing counsel. On a five-day notice, the objection window is most of the notice period.

The location rule in the first sentence is not housekeeping. It fixes venue for motions to compel under CR 37(a)(1) and CR 37(b)(1), and for subpoena enforcement under CR 45(d).

Five factors guide the court on whether a deposition proceeds in person or remotely:

(a) the role of the witness in the case, (b) the complexity of the case, (c) whether there will be prejudice to any party or the witness if testimony by remote means is permitted, (d) whether the witness is subject to the court's subpoena power and, thus, whether a party will at any point have the opportunity to question the witness in person, and (e) whether the noted mode of deposition serves the purposes of CR 1.

Factor (d) is the practical one. A witness beyond the subpoena power may never be seen in person, which weighs toward requiring an in-person deposition while the chance exists.

Video depositions: 20 days, and not in the first 120

CR 30(b)(8) sets rules no other jurisdiction on this site matches.

(A) Twenty days' notice, and say so. Any party may video record a deposition without leave "provided that written notice is served on all parties not less than 20 days before the deposition date, and specifically states that the deposition will be video recorded. Failure to so state shall preclude the use of video recording equipment at the deposition, absent agreement of the parties or court order."

(B) A 120-day blackout. "No party may video record a deposition within 120 days of the later of the date of filing or service of the lawsuit, absent agreement of the parties or court order."

Four months from the later of filing or service. A case commenced by service and filed later has its clock run from the filing.

(C) Postponement to allow preparation. On a party's motion made before the deposition, "the court shall order that a video recorded deposition be postponed or begun subject to being continued … if the court finds that the deposition is to be taken before the moving party has had an adequate opportunity to prepare, by discovery deposition of the deponent or other means, for cross examination."

Shall, not may. The premise is that a video deposition is potential trial testimony, and you are entitled to take a discovery deposition first.

(D) Cost. "The expense of video recording shall be borne by the noting party and shall not be taxed as costs." Any party may obtain a copy at its own expense.

(E) A stenographic record is still required, made simultaneously, at the noting party's expense.

(F) Setup and opening statement. The area "shall be suitable in size, have adequate lighting and be reasonably quiet," and "the physical arrangements shall be fair to all parties." The deposition begins with the operator's name, address and telephone number; the operator's employer; the date, time and place; the caption; the deponent's name; and the name of the party giving notice. The officer is identified and swears the deponent on camera, and at the end it is stated on the record that the deposition is concluded.

Objections and rulings

CR 30(c): examination and cross examination "may proceed as permitted at the trial under the provisions of the Washington Rules of Evidence." The officer puts the witness on oath and records the testimony — and "such oath and recording may be administered by the officer from a location remote from the deponent."

Objections are noted by the officer, and "evidence objected to shall be taken subject to the objections."

And there is a live-ruling mechanism: "A judge of the superior court, or a special master if one is appointed pursuant to rule 53.3, may make telephone rulings on objections made during depositions."

CR 30(d) — terminating or limiting. At any time during the deposition, on motion of a party or the deponent, on a showing that the examination "is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress," the court where the action is pending or the court in the county where the deposition is being taken may order it to cease forthwith or limit its scope and manner under CR 26(c).

"Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion." Expenses are governed by CR 37(a)(4).

The conduct code

CR 30(h) says "the following shall govern deposition practice," and then does something most rules leave to local custom.

(1) Examining counsel "will refrain from asking questions he or she knows to be beyond the legitimate scope of discovery, and from undue repetition."

(2) Objections. Only objections not reserved for trial, or based on privilege, or raised to questions seeking information beyond the scope of discovery, may be made. "All objections shall be concise and must not suggest or coach answers from the deponent. Argumentative interruptions by counsel shall not be permitted."

(3) Instructions not to answer "are improper, except when based upon privilege or pursuant to rule 30(d)." And when privilege is claimed, "the deponent shall nevertheless answer questions related to the existence, extent, or waiver of the privilege, such as the date of communication, identity of the declarant, and in whose presence the statement was made."

(4) Responsiveness. Witnesses "shall be instructed to answer all questions directly and without evasion to the extent of their testimonial knowledge."

(5) Private consultation — the provision most likely to change how you defend a deposition:

Except where agreed to, attorneys shall not privately confer with deponents during the deposition or between a question and an answer except for the purpose of determining the existence of privilege. This includes communication in all forms. Conferences with attorneys during normal recesses and at adjournment are permissible unless prohibited by the court.

"Communication in all forms" covers a text message as squarely as a whispered aside.

(6) Courtroom standard. All counsel and parties "shall conduct themselves in depositions with the same courtesy and respect for the rules that are required in the courtroom during trial."

What may be on screen

CR 30(h)(7) adds four rules for remote depositions:

(A) The witness's demeanor and appearance shall remain their own as if they were in person and shall not be manipulated or altered. (B) Each person physically present in the room with the deponent during a remote deposition shall remain audible and visible for the duration of the deposition. (C) During the deposition, unless specifically requested to do so by the examining attorney, the deponent shall not refer to any notes or any electronic or other means used for communication, such as e-mail and messaging. (D) No one shall attempt to influence the deponent's response to an examiner's question in any manner, including visually, verbally, and in writing, such as notes, text message, e-mail, and electronic chat functions.

(A) rules out filters and virtual backgrounds that alter appearance. (B) means nobody sits off-camera beside the witness. (C) and (D) close the two channels a remote setting opens that a conference room does not.

If you are defending a remote deposition in Washington, these are the rules to walk your witness through before it starts.

Signing, certification and costs

CR 30(e): when fully transcribed, the deposition is submitted to the witness and read to or by the witness, unless waived by the witness and the parties. Changes "in form or substance" are entered by the officer with the witness's stated reasons. If not signed within 30 days of submission, the officer signs and states the reason, "and the deposition may then be used as fully as though signed," unless on a motion to suppress under CR 32(d)(4) the court holds otherwise.

CR 30(f): the officer certifies the transcript, secures it in an endorsed envelope, and serves it on the person who ordered the transcript. Exhibits are marked and annexed on request, with substitution and return provisions. Copies go to any party or the deponent on payment of reasonable charges, and the officer gives prompt notice of service or filing to all parties and files that notice with the clerk.

CR 30(g) — wasted trips. Where the noting party fails to attend, or fails to serve a subpoena so the witness does not appear, the court may order that party to pay another attending party's reasonable expenses "including reasonable attorney fees."

How Washington compares

A short checklist

Noticing one

1. Count five days, excluding weekends and holidays, and serve non-party deponents directly.
2. Say in the notice how to attend remotely if that is the plan — and expect a motion within three days if the other side objects.
3. Twenty days and an express statement for any video deposition, and check the 120-day blackout from the later of filing or service.
4. Budget for a court reporter anyway. A simultaneous stenographic record is required with video, at your expense, and the video cost is not taxable.
5. Attach a Rule 34 request for a party's documents — and set the date around Rule 34's 30 or 40 days.
6. Serve a subpoena on any deponent who is not a party or a party's managing agent.

Defending one

1. Object within three days to a remote notice you cannot live with. It is a motion, not a letter.
2. Move to postpone a video deposition if you have not had a chance to prepare — CR 30(b)(8)(C) says the court shall order it.
3. Instruct not to answer only on privilege or CR 30(d) — and answer the foundational privilege questions anyway.
4. Do not confer with your witness during questioning, in any form, except about privilege. Recesses are fine.
5. Brief your witness on CR 30(h)(7) before a remote deposition: no altered appearance, everyone in the room on camera, no notes, no messages.
6. Calendar 30 days from submission of the transcript for signing; changes may go to form or substance.

Where these rules live

• Wash. CR 3 — Commencement of action
• Wash. CR 6 — Time
• Wash. CR 26 — General provisions governing discovery
• Wash. CR 28 — Persons before whom depositions may be taken
• Wash. CR 30 — Depositions upon oral examination
• Wash. CR 32 — Use of depositions in court proceedings
• Wash. CR 34 — Producing documents, electronically stored information, and things
• Wash. CR 37 — Failure to make discovery: sanctions
• Wash. CR 45 — Subpoena

CR 30 was amended effective October 1, 2024; the rule page shows both the current text and the version that applied until then. This page explains what the rules say. It isn't legal advice.