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Rule 2-414 – Deposition-Officer Before Whom Taken

May 13, 2021 | Civil Prodcedure, Maryland

(a) In This State. In this State, a deposition shall be taken before any person authorized to administer an oath.
(b) In Other States. In any other state of the United States or in a territory, district, or possession of the United States, a deposition shall be taken before any person authorized to administer an oath by the laws of the United States or by the laws of the place where the deposition is taken or before any person appointed by the court in which the action is pending. The person appointed has the power to administer an oath and take testimony.
(c) In Foreign Countries. In a foreign country, a deposition may be taken (1) on notice before any person authorized to administer an oath in the place in which the deposition is taken, either by the laws of that place or by the laws of the United States, or (2) before any person commissioned by the court, which person has the power by virtue of the commission to administer an oath and take testimony, or (3) pursuant to a letter rogatory. A commission or a letter rogatory shall be issued on motion and notice and on terms that are just and appropriate. It is not necessary 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.
(d) Disqualification for Interest. A deposition shall not be taken before a person who is a relative or employee or attorney of a party, or is a relative or employee of an attorney of a party, or is financially interested in the action.
(e) Objections. Any objection to the taking of a deposition because of the disqualification of the officer is waived unless made before the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.

Md. R. Civ. P. Cir. Ct. 2-414

This Rule is derived as follows:

Section (a) is derived from former Rule 403 a.

Section (b) is derived from former Rule 403 b.

Section (c) is derived from the 1980 version of Fed. R. Civ. P. 28(b) and former Rule 403 c.

Section (d) is derived from former Rule 403 d and the 1980 version of Fed. R. Civ. P. 28(c).

Section (e) is derived from former Rule 412 b.

Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 12, 2003, eff. Jan. 1, 2004.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order amended the source note.