(a) Stay of Discovery. The filing of a motion for a protective order pursuant to Fed. R. Civ. P. 26(c) or 30(d) stays the discovery at which the motion is directed pending order of the court.

(b) Stay of Deposition. A properly-noticed deposition is automatically stayed if:
(1) one of the following motions has been filed:
(A) motion to quash or modify a deposition subpoena pursuant to Fed. R. Civ. P.
(c)(3)(A); or
(B) motion to order appearance or production only upon special conditions pursuant to Fed. R. Civ. P. 45(c)(3) (C); and
(2) the objecting party has filed and served the motion upon the attorneys or parties
(A) by delivering a copy within 14 days after service of the deposition notice; and
(B) at least 48 hours prior to the noticed time of the deposition.

(c) No Appearance at Deposition Required. Pending resolution of any motion that stays a deposition under this rule, neither the objecting party, witness, nor any attorney is required to appear at the deposition to which the motion is directed until the court rules on the motion or it is otherwise resolved.

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As amended 12/01/09.

Currently Browsing Section V. Depositions and Discovery

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U.S. Federal Court District of Kansas