(a) Custody of Original Transcript.
(1) The original transcript of a deposition must be sent to the attorney noticing the
deposition after signing and correction or waiver of the same unless otherwise
stipulated to on the record at the deposition.
(2) It is the duty of the attorney noticing the deposition to obtain from the reporter the
original transcript thereof in a sealed envelope and to safely retain the same under
conditions suitable to protect it from tampering, loss, or destruction.
(3) Upon request of any party intending to offer deposition evidence at a contested
hearing or trial, a copy of the transcript must be sent to that party for marking in
compliance with subsection (b) of this rule.
(b) Use of Deposition Evidence in Contested Hearing or Trial. Unless otherwise ordered by the court, each party intending to offer any evidence by way of deposition testimony pursuant to F.R.Civ.P. 32 and F.R.Evid. 803 or 804 must:
(1) Lodge the original deposition transcript and a copy pursuant to this rule with the
clerk at least 7 days before the hearing or trial at which it is to be offered;
(2) Identify on the copy of the transcript the testimony the party intends to offer by
bracketing in the margins the questions and answers that the party intends to offer
at trial. The opposing party must likewise countermark any testimony that it plans
to offer. The parties must agree between themselves on a separate color to be used
by each party which must be used consistently by that party for all depositions
marked in the case;
(3) Mark objections to the proffered evidence of the other party in the margins of the
deposition by briefly stating the ground for the objection; and
(4) Serve and file notice of the portions of the deposition marked or countermarked by stating the pages and lines so marked, objections made, and the grounds indicated
therefor. The notice must be served and filed within 7 days after the party has
marked, countermarked, or objects to the deposition evidence.
(c) Deposition Summary. In appropriate cases and when ordered by the court, the parties may jointly prepare a deposition summary to be used in lieu of question and answer reading of a deposition at trial.
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