46 CFR 502.142 - Persons before whom depositions may be taken.
(a)Within the United States.
(1)In general. Within the United States or a territory or insular possession subject to United States jurisdiction, a deposition must be taken before:
(i) An officer authorized to administer oaths either by federal law or by the law in the place of examination; or
(ii) A person appointed by the Commission or the presiding officer to administer oaths and take testimony.
(b)In a foreign country.
(1)In general. A deposition may be taken in a foreign country:
(i) Under an applicable treaty or convention;
(ii) under a letter of request, whether or not captioned a “letter rogatory”;
(iii) On notice, before a person authorized to administer oaths either by federal law or by the law in the place of examination; or
(iv) Before a person authorized by the Commission or the presiding officer to administer any necessary oath and take testimony.
(2)Issuing a letter of request or an authorization. A letter of request, an authorization, or both may be issued:
(i) On appropriate terms after an application and notice of it; and
(ii) Without a showing that taking the deposition in another manner is impracticable or inconvenient.
(3)Form of a request, notice, or authorization. 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 an authorization 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 the United States.
(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. [Rule 202.]
Title 46 published on 09-May-2017 04:27
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 46 CFR Part 502 after this date.