Rule 13-29. Place of Deposition

(a) Any party who is a resident of this state may be compelled by notice as provided in Section 1327 (a) to give a deposition at any place within the county of such party's residence, or within thirty miles of such residence, or at such other place as is fixed by order of the judicial authority or as otherwise agreed. A plaintiff who is a resident of this state may also be compelled by like notice to give a deposition at any place within the county where the action is commenced or is pending.

(b) A plaintiff who is not a resident of this state may be compelled by notice under Section 13-27

(a) to attend at the plaintiff's expense an examination in the county of this state where the action is commenced or is pending or at any place within thirty miles of the plaintiff's residence or within the county of his or her residence or in such other place as is fixed by order of the judicial authority or as otherwise agreed.

(c) A defendant who is not a resident of this state may be compelled:

(1) By subpoena to give a deposition in any county in this state in which the defendant is personally served, or

(2) By notice under Section 13-27 (a) to give a deposition at any place within thirty miles of the defendant's residence or within the county of the defendant's residence or at such other place as is fixed by order of the judicial authority or as otherwise agreed.

(d) A nonparty deponent who is a resident of this state may be compelled by subpoena served within this state to give a deposition at a place within the county of the nonparty deponent's residence or within thirty miles of such residence or at such other place as is fixed by order of the judicial authority or as otherwise agreed including the nonparty deponent.

(e) In an action pending in this state, a nonparty deponent who is not a resident of this state may be compelled by subpoena to give a deposition within any county in this state in which such nonparty deponent is personally served, or within the state of their residence if such nonparty deponent is served by a subpoena issued under authority of a court in that state pursuant to the Interstate Depositions and Discovery Act or, if that state has not adopted the Act, pursuant to a commission granted by a court in this state. The place of that deposition also may be at such other place as is fixed by order of the judicial authority or as otherwise agreed including the nonparty deponent.

(f) In this section, the terms ''plaintiff'' and ''defendant'' include officers, directors and managing agents of corporate plaintiffs and corporate defendants or other persons designated under Section 13-27 (h) as appropriate.

(g) If a deponent is an officer, director or managing agent of a corporate party, or other person designated under Section 13-27 (h), the place of examination shall be determined as if the residence of the deponent were the residence of the party.

Committee Notes

(P.B. 1978-1997, Sec. 246.) (Amended June 14, 2024, to