the trial of cases without depriving either party of any just claim, defense or objection.

RULE 30. DEPOSITIONS PENDING ACTION

(a) When Depositions May Be Taken: Upon written motion to and by leave of the Commissioner, or of the Court in a case not then referred to a Commissioner, any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for use as evidence in the action, provided, however, that leave to take a deposition shall not be granted except where the Commissioner or the Court finds that it is impracticable for a Commissioner to take such testimony. Such leave may be granted with or without notice. A copy of such motion, together with a notation of the action thereon, shall be filed in the Clerk's office. The attendance of witnesses may be compelled by the use of subpoena as provided in Rule 44. Depositions shall be taken only in accordance with

these rules.

(b) Scope of Examination: Unless otherwise ordered by the Court or the Commissioner, the deponent may be examined regarding any matter, not privileged, which is relevant and material to the subject matter involved in the pending action, whether it relates to the claim or defense of the examining party or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts.

(c) Examination and Cross-Examination: Examination and cross-examination of deponents may proceed as permitted at the trial under the provisions of Rule 41 (b).

(d) Use of Depositions: No testimony taken by deposition shall be considered as part of the evidence in the case until such testimony is offered and received in evidence at the trial or upon the hearing of a motion or an interlocutory proceeding. Any part or all of a deposition, so far as admissible under the rules

of evidence, may be used against any party who was present or represented at the taking of the deposition or who had due notice thereof, in accordance with any one of the following provisions:

(1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness.

(2) The deposition of a party or of anyone who at the time of taking the deposition was (a) an officer, director, or managing agent of a public or private corporation, partnership, or association which is a party, or (b) an officer or employee of the United States, may be used by an adverse party for any purpose.

(3) If only part of a deposition is offered in evidence by a party, an adverse party may require him to introduce all of it which is relevant to the part introduced, and any party may introduce any other parts.

Substitution of parties does not affect the right to use depositions previously taken; and, when an action in this Court has been dismissed and another action involving the same subject matter is afterwards brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the former action may be used in the latter as if originally taken therefor.

(e) Objections to Admissibility: Subject to the provisions of Rule 35 (c), objection may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying.

(f) Effect of Taking or Using Depositions: A party shall not be deemed to make a person his own witness for any purpose by taking his deposition. The introduction in evidence of the deposition or any part thereof for any purpose other than that of contradicting or impeaching the deponent makes the depo

nent the witness of the party introducing the deposition, but this shall not apply to the use by an adverse party of a deposition as described in paragraph (2) of subdivision (d) of this rule. At the trial or hearing any party may rebut any relevant evidence contained in a deposition whether introduced by him or by any other party.

RULE 31. DEPOSITIONS PENDING CERTIORARI

In any case (1) which is pending in the United States Supreme Court, (2) in which a writ of certiorari has been applied for but not acted upon, or (3) in which the time for filing a petition for writ of certiorari has not expired, this Court may allow the taking of the depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in this Court. In such case the party who desires to perpetuate the testimony may make a motion in this Court for leave to take the depositions, upon the same notice and service thereof as if the action were pending in this Court. The motion shall show (1) the names and addresses of persons to be examined and the substance of the testimony which he expects to elicit from each; (2) the reasons for perpetuating their testimony. If the Court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the depositions to be taken and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in these rules for depositions taken in actions pending in this Court.

RULE 32. PERSONS BEFORE WHOM DEPOSITIONS

MAY BE TAKEN

(a) Within the United States: Within the United States or within a territory or insular possession subject to the dominion of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States

or of the place where the examination is held, or before a person appointed by the Court. A person so appointed has power to administer oaths and take such testimony.

(b) In Foreign Countries: In a foreign state or country depositions shall be taken (1) on notice before a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or (2) before such person or officer as may be appointed by commission or under letters rogatory. A commission or letters rogatory shall be issued only when necessary or convenient, on application and notice, and on such terms and with such directions as are just and appropriate. Officers may be designated in notices or commissions either by name or descriptive title and letters rogatory may be addressed "To the Appropriate Judicial Authority in (here name the country).”

(c) Disqualification for Interest: Except as provided in subdivision (b) of this rule, no deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action.

RULE 33. DEPOSITIONS UPON ORAL EXAMINATION

(a) Notice of Examination, Time and Place: At least 10 days before the deposition is to be taken, the party desiring to take the deposition of any person upon oral examination pursuant to leave obtained under Rule 30 (a) shall file with the Clerk a written notice of intention to take such deposition. An original notice and one copy thereof for each adverse party shall be filed with the Clerk, who shall serve a copy upon each adverse party as provided in Rule 3. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. On motion of any party upon whom the notice is served, the Commissioner may for cause shown enlarge or shorten the time.

(b) Orders for the Protection of Parties and Deponents: After notice is served for taking a deposition by oral examination, upon motion seasonably made by any party or by the person to be examined and upon notice and for good cause shown, the Commissioner may make an order that the deposition shall not be taken, or that it may be taken only at some designated 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 after being sealed the deposition shall be opened only by order of the Commissioner, or that secret processes, developments, or research need not be disclosed, or that the parties shall simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the Commissioner; or the Commissioner may make any other order which justice requires to protect the party or witness from annoyance, embarrassment, or oppression. Any such order made by the Commissioner shall be in writing and a signed copy thereof shall be filed in the Clerk's office. In any case not then assigned to a Commissioner, the Court may make the orders referred to in subdivisions (a) and (b) of this Rule. The Clerk shall mail a copy of the order to each of the parties.

(c) Record of Examination, Oath, Objections: The officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under his direction and in his presence, record the testimony of the witness. The testimony shall be taken stenographically and transcribed unless the parties agree otherwise. All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objec