2009 Kansas Code
Chapter 60 PROCEDURE, CIVIL
Article 2 RULES OF CIVIL PROCEDURE
60-228. Persons before whom depositions may be taken.

60-228

Chapter 60.--PROCEDURE, CIVIL Article 2.--RULES OF CIVIL PROCEDURE

      60-228.   Persons before whom depositions may be taken. (a) Within the United States. (1) Depositions may be taken in this state before any officer or person authorized to administer oaths by the laws of this state.

      (2)   Without the state but 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 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.

      (3)   Any court of record of this state, or any judge thereof, before whom an action or proceeding is pending, is authorized to grant a commission to take depositions within or without the state. The commission may be issued by the clerk to a person or persons therein named, under the seal of the court granting the same.

      (b)   In foreign countries. Depositions may be taken in a foreign country:

      (1)   Pursuant to any applicable treaty or convention;

      (2)   pursuant to a letter of request, whether or not captioned a letter rogatory;

      (3)   on notice before a person authorized to administer oaths in the place where the examination is held, either by the law of the United States or the law of that place;

      (4)   before a person appointed by commission. A person appointed by commission has power by virtue of the appointment to administer oaths and take testimony. A commission or letter of request shall be issued on application and notice, and on terms and directions that are just and appropriate. It is not requisite to the issuance of a commission or a letter of request that the taking of the deposition in any other matter is impracticable or inconvenient; and both a commission and 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 descriptive title. A letter of request may be addressed "To the Appropriate Judicial Authority in (here name the country)." When a letter of request or any other device is used pursuant to an applicable treaty or convention, it shall be captioned in the form prescribed by that treaty or convention. Evidence obtained in response to a letter of request shall not be excluded on the ground that it is not in the form of questions and answers or is not a verbatim transcript of the testimony.

      (c)   Disqualification. No deposition shall be taken before a person who is: (1) A relative, employee, attorney or counsel of any of the parties; (2) a relative or employee of such attorney or counsel; (3) financially interested in the action; or (4) not certified as a certified shorthand reporter by the Kansas supreme court.

      (d)   Depositions for use in foreign jurisdictions. Whenever the deposition of any person is to be taken in this state pursuant to the laws of another state or of the United States or of another country for use in proceedings there, the district court in the county where the deponent resides or is employed or transacts his or her business in person may, upon ex parte petition, make an order directing issuance of subpoena as provided in K.S.A. 60-245, and amendments thereto, in aid of the taking of the deposition, and may make any order in accordance with subsection (d) of K.S.A. 60-230, subsection (a) of K.S.A. 60-237 or subsection (b)(1) of K.S.A. 60-237 and amendments thereto.

      History:   L. 1963, ch. 303, 60-228; L. 1997, ch. 173, § 12; L. 2000, ch. 175, § 2; July 1.