---
kind: "section"
citation: "43 C.F.R. § 30.216"
title: "43"
number: "30.216"
heading: "How do I obtain permission to take depositions?"
url: "https://uscodex.org/cfr/43/30.216"
---

# §30.216. How do I obtain permission to take depositions?

- (a) You may take the sworn testimony of any person by deposition on oral examination for the purpose of discovery or for use as evidence at a hearing:
  - (1) On stipulation of the parties; or
  - (2) **By order of the judge.**
- (b) To obtain an order from the judge for the taking of a deposition, you must file a motion that sets forth:
  - (1) The name and address of the proposed witness;
  - (2) The reasons why the deposition should be taken;
  - (3) The name and address of the person qualified under [§ 30.217(a)](/cfr/43/30.217.md?p=a) to take depositions; and
  - (4) The proposed time and place of the examination, which must be at least 20 days after the date of the filing of the motion.
- (c) An order for the taking of a deposition must be served upon all interested parties and must state:
  - (1) The name of the witness;
  - (2) The time and place of the examination, which must be at least 15 days after the date of the order; and
  - (3) **The name and address of the officer before whom the examination is to be made.**
- (d) The officer and the time and place specified in paragraphs [(c)(2)](#c-2) and [(c)(3)](#c-3) of this section need not be the same as those requested in the motion under [paragraph (b)](#b) of this section.
- (e) You may request that the judge issue a subpoena for the witness to be deposed under [§ 30.224](/cfr/43/30.224.md).

## Notes

### Authority

Authority: 5 U.S.C. 301, 503; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457.

### Source

Source: 73 FR 67289, Nov. 13, 2008, unless otherwise noted.