(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.
K.S.A. 60-228
Amended by L. 2012, ch. 13,§ 1, eff. 7/1/2012.Amended by L. 2010, ch. 135,§ 97, eff. 7/1/2010.L. 1963, ch. 303, 60-228; L. 1997, ch. 173, § 12; L. 2000, ch. 175, § 2; July 1.
