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RULE 28. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN

July 25, 2011

RULE 28.01: WITHIN THE UNITED STATES.

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 of the place where the examination is held, or before a person appointed by the court in which the action is pending. A person so appointed has power to administer oaths and take testimony. In videotaped depositions taken pursuant to Rule 30.02(4)(B), any lawyer or lawyer’s agent can operate the equipment.

RULE 28.02: IN FOREIGN COUNTRIES.

In a foreign country, depositions may be taken (1) on notice before a person authorized to administer oaths in the place in which the examination is held, either by the law thereof or by the law of the United States, or (2) before a person commissioned by the court, and a person so commissioned shall have the power by virtue of the commission to administer any necessary oath and take testimony, or (3) pursuant to a letter rogatory. A commission or a letter rogatory shall be issued on application and notice and on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient; and both a commission and a letter rogatory may be issued in proper cases. A notice or commission may designate the person before whom the deposition is to be taken either by name or descriptive title. A letter rogatory may be addressed “To the Appropriate Authority in (here name the country).”Evidence obtained in response to a letter rogatory need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within the United States under these rules.

RULE 28.03: DISQUALIFICATION FOR INTEREST.

See T.C.A. §24-9-136.

[As amended July 1, 1979, and by order effective July 1, 1996; and by order filed January 31, 2002, effective July 1, 2002.]

Advisory Commission Comments. Rule 28.01 allows a deposition to be taken before any officer authorized by federal, state, or territorial law to administer oaths. The provisions of Rule 28.02 governing depositions taken in foreign countries are new to Tennessee law.

Advisory Commission Comments [1996]. A lawyer or agent can operate the equipment at a videotaped deposition.

Advisory Commission Comments [2002]. 28.03: The cited statute, Tenn. Code Ann. § 24-9-136, adequately covers disqualification of court reporters, so the earlier rule was deleted.

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