Short answer. Yes. Section 15 lets you take an oral deposition of a person you can't fully identify, as long as you give a description sufficient to identify them or the class they belong to; you must give every other party reasonable written notice of the time and place before proceeding.
What the law says
A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and if the name is not known, a general description sufficient to identify him or her or the particular class or group to which he or she belongs.
Rule 23, Section 15 — Deposition upon oral examination; notice; time and place. Read the full provision →
What the notice must contain
The written notice has to state the time and place of the deposition and the name and address of the person to be examined, if that information is known. Where the name is not known, the section allows a general description that is sufficient to identify the person or the particular class or group to which they belong — for instance, describing an unnamed employee by their role rather than their name. Address, like name, is only required to be stated to the extent it is actually known, so an incomplete address does not by itself invalidate the notice as long as the description otherwise lets the other parties identify who is being deposed.
Reasonable notice, not a fixed number of days
Unlike some other provisions in the discovery rules that set exact day counts, Section 15 uses the flexible standard of 'reasonable notice' rather than a fixed period, leaving what counts as reasonable to depend on the circumstances of the case and the parties involved. Factors like the complexity of the case, the distance the other parties' counsel would need to travel, and how much lead time is genuinely needed to prepare all factor into whether a given notice period was reasonable.
The court can adjust the timing
On motion of any party upon whom the notice is served, the court may, for cause shown, enlarge or shorten the time given. This lets a party who genuinely needs more preparation time ask for it, while also letting an urgent situation move the deposition forward faster than the notice originally proposed. A party who believes the notice period given was too short should raise the objection with the court promptly, rather than simply skipping the deposition and arguing about notice afterward.
Related provisions
- Rule 23, Section 15 — Deposition upon oral examination; notice; time and place
- Rule 23, Section 16 — Orders for the protection of parties and deponents