§ Rule 28 Persons Before Whom Depositions May be Taken

Codes > Alabama Rules of Civil Procedure > V Depositions > Rule 28

Rule 28. Persons Before Whom Depositions May be Taken.

    (a) Depositions taken within the United States to be used in this state. Within the United States or within a territory or insular possession subject to the jurisdiction of the United States, depositions to be used in this State shall be taken before an officer authorized to administer oaths by the laws of the United States, or of the State of Alabama, 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.

    (b) Depositions taken in foreign countries to be used in this state. In a foreign country, depositions to be used in this state 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 letters rogatory or a letter of request, or (4) pursuant to any applicable treaty or convention. A commission or letters rogatory or a letter of request 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 letters rogatory or a letter of request that the taking of the deposition in any other manner be impracticable or inconvenient; and both a commission and letters rogatory or a letter of request 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 by descriptive title. Letters rogatory or a letter of request may be addressed “To the Appropriate Authority in [here name the country].” When a letter of request or any other device is used pursuant to any applicable treaty or convention, it shall be styled in the form prescribed by that treaty or convention. Evidence obtained in response to letters rogatory or a letter of request 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.

    (c) Depositions taken within this state to be used outside this state. A person desiring to take depositions in this state to be used in proceedings pending in the courts of any other state or country may produce to a judge of the circuit where the witness resides a commission authorizing the taking of such depositions or proof of notice duly served, whereupon it shall be the duty of the judge to issue, pursuant to Rule 45, the necessary subpoenas. Orders of the character provided for in Rules 30(d), 37(a)(1), 37(b)(1), and 45(c) may be made upon proper application therefor by the person to whom such a subpoena is directed. Failure by any person without adequate excuse to obey a subpoena served upon that person pursuant to this rule may be deemed a contempt of the court from which the subpoena issued.

    (d) Disqualification for interest. No deposition shall be taken before a person 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.

    (dc) District court rule. Rule 28(a), Rule 28(b), and Rule 28(d) apply in the district courts in those instances when depositions on written questions or depositions on oral examination are permitted by Rule 26(dc). Rule 28(c) does not apply in the district courts.