Rule 3.1346
Service of motion papers on nonparty deponent
Particular Motions
A written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record.
If you want to force someone who is not a party in your case to answer a deposition question or hand over documents, you must personally deliver the court papers to that person. You cannot simply mail the papers or send them electronically unless that person agrees to receive them that way.
The person's agreement to accept mail or electronic service must be on record from the deposition itself. If they did not agree to that during the deposition, you need to show up and hand them the papers in person.
Summary generated March 14, 2026
No committee notes available for this rule.
Rule 3.1346 amended effective January 1, 2016; adopted as rule 337 effective January 1, 1984; previously amended effective July 1, 1987; previously amended and renumbered as rule 3.1025 effective January 1, 2007; previously renumbered as rule 3.1346 effective January 1, 2009.
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