(a) Within the United States. (1) Within the State of Vermont. Within the state depositions shall be taken before a justice of the peace or notary public or a person appointed by the court. (2)Elsewhere within the United States. Within another state, 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 of the United States, or before a person appointed by the court in which the action is pending. A person appointed by the court as provided in paragraphs (1) and (2) of this subdivision has power to administer oaths and take testimony. The term “officer” as used in Rules 30, 31 and 32 includes a person appointed by the court or designated by the parties under Rule 29. (b) In Foreign Countries. Depositions may be taken in a foreign country (1) pursuant to any applicable treaty or convention, or (2) pursuant to a letter of request (whether or not captioned a letter rogatory), or (3) on notice before a person authorized to administer oaths in the place where the examination is held, either by the law thereof or by the laws of the United States, or (4) 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. A commission 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 letter of request that the taking of a deposition in any other manner is impracticable or inconvenient; and both a commission and 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 descriptive title. 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 captioned in the form prescribed by that treaty or convention. 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 the United States under these rules. (c) Disqualification for Interest. No deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action, except as provided in Rule 30(b)(4). (d) Depositions for Use in a Court of the United States or in Another Country. Whenever the deposition of any person is to be taken in this state for use in a civil action in a court of the United States or pursuant to the laws of another country for use in proceedings there, any judge of the superior court may, upon petition to the civil division of the superior court in the unit where the deponent resides or is employed or transacts business in person, make an order directing issuance of a subpoena as provided in Rule 45, in aid of the taking of the deposition, and may make any order in accordance with Rule 30(d), 37(a) or 37(b)(1).
V.R.C.P. 28
Amended Dec. 28, 1981, eff. March 1, 1982; Feb. 22, 1996, eff. July 1, 1996; July 10, 2012, eff. Sept. 10, 2012.
