Rule 2.13. Depositions in Pending Actions

(A) (1) Any party may take the testimony of any person, including a party, by deposition upon oral examination for the purpose of discovery or use as evidence in the trial of the action. The deposition may be taken without leave of the court provided that notice is given to the opposing party no less than seven (7) days prior to the taking of the deposition, or if the parties agree to the taking of the deposition, upon shorter notice. The attendance of a deponent may be compelled by the use of a subpoena. The deposition of a person confined in prison may be taken only by leave of the court on such terms as the court prescribes.

(2) In the event that a party issues a notice of deposition of an expert witness and indicates in said notice that the deposition is to be taken for use at trial, the failure of a party or their attorney to appear at the deposition after proper notice shall be deemed a waiver of the right to examine or cross-examine the deponent and shall be deemed a waiver of the right to object to the admissibility of the deposition transcript at trial.

(3) Objections made during a deposition which is introduced into evidence at trial shall be deemed waived unless the objecting party requests a ruling by the trial judge on a specific objection prior to the admission of the deposition into evidence.

(B) Orders for the Protection of Parties and Deponents.

(1) Objections to the taking of a deposition and motions for protective orders must be filed at least forty-eight (48) hours prior to the scheduled time of the deposition.

(2) After notice is served for taking a deposition by oral examination, upon motion or objection timely filed by any party or by the person to be examined, and upon notice and for good cause shown, the court may make an order that the deposition shall not be taken, or that it may be taken only at some designated time or place other than that stated in the notice, or that it may be taken only on written interrogatories, or that certain matters shall not be inquired into, or that the scope of the examination shall be limited to certain matters, or that the examination shall be held with no one present except the parties to the action and their officers or counsel, or that the deposition be sealed and opened only by order of the court or such other conditions as the court deems appropriate.

(3) The court may, in its discretion, upon motion after notice is given of the intention to submit medical evidence by affidavit pursuant to G.L. 1956 § 9-19-27, require the party seeking to take the deposition of the expert witness or other party to pay the costs incurred in the taking of the deposition including a reasonable expert witness fee or such other conditions as the court deems appropriate.

(4) The power of the court under this rule shall be exercised with liberality toward the accomplishment of its purpose to protect parties and witnesses.