U.R.D.C. 601

As amended through April 30, 2019

Rule 601 - Deposition abuses

(a) Directions not to answer.

(1) Where a direction to a witness not to answer a deposition question is given pursuant to Rule 30(d)(1), W.R.C.P., and honored by the witness, any party may seek an immediate ruling as to the validity of such direction.

(2) If a prompt ruling cannot be obtained, the direction not to answer may stand and the deposition should continue until:

(A) A ruling is obtained; or

(B) The problem resolves itself;

but a direction not to answer on any ground not specified in Rule 30(d)(1), W.R.C.P., shall not stand and the witness shall answer.

(b) Suggestive objections. -

If the objection to a deposition question is on the ground of privilege, the privilege shall be expressly stated and established as required by Rule 26(b)(5), W.R.C.P. If the objection is on another ground, the proper objection is "Objection" stating briefly the specific ground of objection. Objections in the presence of the witness which are used to suggest an answer to the witness are improper.

(c) Conferences between deponent and attorney. -

An attorney for a deponent shall not initiate a private conference with the deponent during the actual taking of deposition, except for the purpose of determining whether a privilege should be asserted.

(d) Claim of privilege. -

Where a claim of privilege is asserted during a deposition and information is not provided on the basis of such assertion, the attorney asserting the privilege shall identify during the deposition the privilege being claimed. In addition to work product, the privileges set forth at Wyo. Stat. § 1-12-101(1977), the privilege for psychologists at Wyo. Stat. §33-27-103(1977), and any other privilege recognized by law, including a claim that the information sought is proprietary and thereby should be protected, may be asserted and identified as the privilege being claimed.

(e) This rule, and Rules 26(b)(5), 30(d)(1), and 30(d)(2), W.R.C.P., are equally applicable to all attorneys participating in depositions, whether such attorneys are appearing on behalf of a party or a non-party deponent.

U.R.D.C. 601

Amended January 11, 1995, effective April 11, 1995.