Rule Text
In small claims, depositions may not be taken unless leave of court is first obtained on notice and showing of just cause therefor and upon such terms as justice may require.
Amendment history: Report 1943; amendment 1957; amendment 1973; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
If you're involved in a small claims case, you can't just schedule a deposition whenever you want. You have to ask the court for permission first.
To get that permission, you need to give notice to the other side and show the court a good reason why the deposition is necessary. The judge will decide whether to allow it and may set specific conditions on how it happens. This rule exists because small claims cases are meant to be quick and simple, so depositions (which can be time-consuming and costly) are only allowed when there's a real need for one.