Under Rule 30, when may depositions upon oral examination be taken?

• A. After commencement of the action, any party may take testimony of any person
• B. Before commencement of the action
• C. Only by court order
• D. Only for expert witnesses

Answer: (A)

Rule 30 governs depositions upon oral examination and authorizes any party to take the testimony of any person after the action has commenced. This means once a lawsuit is in progress, you can serve a notice to depose witnesses or parties, and the deposition can proceed with the witness under oath, with counsel present. Importantly, a deposition under Rule 30 does not require a court order—unless protective orders or other restrictions apply—so the process is driven by notice and agreement rather than a court’s initial permission. Pre-suit depositions aren’t covered by Rule 30; those situations are typically handled under separate provisions (such as a petition to perpetuate testimony) or by agreement. Also, it’s not limited to experts—the deposition can be of any person with relevant information. So the timing is after commencement, and the scope includes any person the taking party wishes to question.