Arizona

Family Law

Family Law

Rule 55 – Persons Before Whom Depositions May Be Taken; Depositions in Foreign Countries

(a)Deposition in the United States.

(1)Generally. 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 federal law, Arizona law, or the law of the place of examination;
(B) a person appointed by the court where the action is pending to administer oaths and take testimony; or
(C) any certified reporter designated by the parties under Rule 56.
(2)Definition of “Officer.” The term “officer” as used in Rules 57, 58, and 59 includes a person appointed by the court under this rule or designated by the parties under Rule 56.
(b)Deposition in a Foreign Country.

(1)Generally. 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 by federal law, Arizona law, or the law of the place of examination; or
(D) before a person commissioned by the court where the action is pending to administer any necessary oath and take testimony.
(2)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 commission must designate by name or descriptive title the person before whom the deposition is to be taken.
(3)Letter of Request-Admitting Evidence. Evidence obtained in response to a letter of request need not be excluded 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)Letters of Request and Commissions.

(1)Not Required. A deposition in a pending superior court action may be taken anywhere upon notice prescribed by these rules without a letter of request, commission, or other similar writ.
(2)Issuing Letter of Request or Commission. The clerk may issue a letter of request-whether or not captioned a “letter rogatory”-a commission, or both:

(A) on appropriate terms after an application and at least one full-day’s notice to the other parties; and
(B) without a showing that taking the deposition in another manner is impracticable or inconvenient.
(3)Objections; Waiver. A party waives any error in the form of a letter of request or commission if it does not file a written objection before the clerk issues the letter of request or commission. The court must rule on any timely filed objection before the clerk may issue a letter of request or commission.
(d)Disqualification. A deposition may not be taken before a person who is:

(1) any party’s relative, employee, or attorney;
(2) related to or employed by any party’s attorney; or
(3) financially interested in the action.

Ariz. R. Fam. Law. proc. 55

Added Oct. 19, 2005, effective Jan. 1, 2006; amended effectiveJan. 1, 2019.