Rule 30.07. Failure to Attend or to Serve Subpoena; Expenses

(1) If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another party attends in person or by attorney pursuant to the notice, the court may order the party giving the notice to pay to such other party the reasonable expenses incurred by such other party and his or her attorney in attending, including reasonable attorney’s fees.

(2) If the party giving the notice of the taking of a deposition of a witness fails to serve a subpoena upon the witness and the witness because of such failure does not attend, and if another party attends in person or by attorney because he or she expects the deposition of that witness to be taken, the court may order the party giving the notice to pay to such other party the reasonable expenses incurred by the other party and his or her attorney in attending, including reasonable attorney’s fees. [As amended July 1, 1979; and by order filed February 1, 1995, effective July 1, 1995.]

Click here for Advisory Commission Comments to Rules 30.01-30.07.

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