60-228. Persons before whom depositions may be taken.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Within the United States.

(1)Inside this state. Depositions in this state must be taken before:

(A)An officer or person authorized to administer oaths by the laws of this state; and

(B)a person who is certified as a certified court reporter by the Kansas supreme court.

(2)Outside this state. Outside this state, but within the United States or a territory or insular possession subject to United States jurisdiction, a deposition must be taken before:

(A)An officer authorized to administer oaths by the law in the place of examination; or

(B)a person appointed by the court where the action is pending to administer oaths and take testimony.

(3)Granting of commission. A court of this state in which an action is pending may grant a commission to one or more persons to take depositions inside or outside this state. The clerk may issue the commission under the seal of the court.

(b)In a foreign country.

(1)In general. A deposition may be taken in a foreign country:

(A)Under an applicable treaty or convention;

(B)under a letter of request, whether or not captioned a "letter rogatory";

(C)on notice, before a person authorized to administer oaths either by federal law or by the law in the place of examination; or

(D)before a person commissioned by the court to administer any necessary oath and take testimony.

(2)Issuing a letter of request or a commission. A letter of request, a commission, or both may be issued:

(A)On appropriate terms after an application and notice of it; and

(B)without a showing that taking the deposition in another manner is impracticable or inconvenient.

(3)Form of a request, notice or commission. When a letter of request or any other device is used according to a treaty or convention, it must be captioned in the form prescribed by that treaty or convention. A letter of request may be addressed "To the Appropriate Authority in (name of country)." A deposition notice or a commission must designate by name or descriptive title the person before whom the deposition is to be taken.

(4)Letter of request; admitting evidence. Evidence obtained in response to a letter of request need not be excluded merely because it is not a verbatim transcript, because the testimony was not taken under oath or because of any similar departure from the requirements for depositions taken within this state.

(c)Disqualification. A deposition must not be taken before a person who is any party's relative, employee or attorney, who is related to or employed by any party's attorney or who is financially interested in the action.