Title 9, Chapter 11, Section 28
( 9-11-28)
(a) Within the United States and its possessions. Within the United
States or within a territory or insular possession subject to the
dominion of the United States, depositions shall be taken before an
officer authorized to administer oaths by the laws of the United
States or by the laws of the place where the examination is held or
before a court reporter appointed by the court in which the action
is pending or, if within this state, before a certified court
reporter or as otherwise provided by the rules of the Board of Court
Reporting. A person so appointed has power to administer oaths and
take testimony. (b) In foreign countries. In a foreign state or country depositions
shall be taken on notice before a secretary of embassy or legation,
consul general, consul, vice-consul, or consular agent of the United
States, or before such person or officer as may be appointed by
commission or under letters rogatory. A commission or letters
rogatory shall be issued only when necessary or convenient, on
application and notice, and on such terms and with such directions
as are just and appropriate. Officers may be designated in notices
or commissions either by name or by descriptive title and letters
rogatory may be addressed "To the Appropriate Judicial Authority in
(here name the country)." (c) Disqualification for interest. No deposition shall be taken
before a court reporter who is a relative, employee, attorney, or
counsel of any of the parties, or who is a relative or employee of
such attorney or counsel, or who is financially interested in the
action, excepting that a deposition may be taken before a court
reporter who is a relative of a party or of an attorney or counsel
of a party if all parties represented at the deposition enter their
explicit consent to the same upon the record of the deposition. |