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Setting the Deposition Setting the Deposition The deposition of an individual can be taken Upon written questions
(F.R.C.P.31) The deposition of a nonparty witness may be taken A deposition may be demanded and held Upon oral examination
(F.R.C.P.30) By any party in the action Without an order of court Against any party (by motion) or nonparty (subpoena) At any time after the service of the summons and complaint until the case is set for trial By issuance and service of a subpoena showing the time and place of the deposition for taking his testimony. He need not bring documents unless the subpoena states that documents are required By issuance and service of a subpoena duces tecum for production of documents at the time of the taking of the deposition. That is the form of subpoena that requires the witness to bring documents described generally or specifically in the subpoena duces tecum