Oklahoma § 12-3228 - Persons before whom depositions may be taken

§ 12-3228. Persons before whom depositions may be taken

A. DEPOSITIONS TAKEN WITHIN OKLAHOMA. Within this state,

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.

The term officer as used in Sections 3230 through 3232 of this

title includes a person appointed by the court or designated by the

parties under Section 3229 of this title; except that on and after

January 1, 1990, depositions taken within this state shall only be

taken by an officer who is either a certified shorthand reporter

(CSR) or a licensed shorthand reporter (LSR); provided however, on

and after the effective date of this act, any person who was taking

depositions by the steno-mask method of reporting within this state

Oklahoma Statutes - Title 12. Civil Procedure

prior to January 1, 1990, may continue to take depositions within

this state if the person provides to the State Board of Examiners of

Official Shorthand Reporters or successor entity of the Board a

certification, signed by a judge of the district court and by an

attorney licensed to practice law in this state, declaring that the

person has taken depositions that were admitted into evidence in any

court of this state. The certification shall be submitted within

thirty (30) days of the effective date of this act to the State

Board of Examiners of Official Shorthand Reporters or successor

entity of the Board who shall issue said person a certificate as an

acting court reporter permitting the person to take depositions or

other sworn statements, subpoena witnesses for depositions, issue

affidavits in respect to the regular duties of the person, and

administer oaths and affirmations with authority equal to that of a

notary public.

B. DEPOSITIONS TAKEN OUTSIDE OF OKLAHOMA. Depositions may be

taken outside of Oklahoma:

1. On notice before a person authorized to administer oaths in

the place in which the examination is held, either by the law

thereof or by the law of this state; or

2. Before a person commissioned by the court, and a person so

commissioned shall have the power by virtue of his commission to

administer any necessary oath and take testimony; or

3. Pursuant to a letter rogatory.

A commission or a letter rogatory shall be issued on application

and notice and on terms that are just and appropriate. It is not

requisite 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. 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 this state.

C. DISQUALIFICATIONS 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.

Added by Laws 1982, c. 198, § 5. Amended by Laws 1986, c. 299, § 6,

operative July 1, 1986; Laws 1989, c. 129, § 4, eff. Nov. 1, 1989.

Renumbered from § 3205 of this title by Laws 1989, c. 129, § 14,

eff. Nov. 1, 1989. Amended by Laws 1992, c. 1, § 6, emerg. eff.

March 10, 1992; Laws 1995, c. 253, § 5, eff. Nov. 1, 1995.