Deposition by Written Question


Deposition court reporters will often travel with cases throughout the USA and the world. Attorneys require technologically savvy court reporters with expertise in complex subject matters.

In my previous blog about the USPTO rules, I found language that would allow counsel to stipulate to allow any person authorized to administer oaths to swear in a witness for a deposition. Upon publishing the blog, I received inquiries from court reporters from around the USA asking if there was similar language for cases filed in federal courts.   This would be particularly helpful for the states that have adopted the Federal Rules as their governing law.

Reading through Rule 28, “Persons Before Whom Depositions May Be Taken,” I came across the following language: “(a) Within the United States or within a territory or insular possession subject to the jurisdiction of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held, or before a person appointed by a 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 Rules 30, 31 and 32 includes a person appointed by the court or designated by the parties under Rule 29.”

Rule 29 reads as follows: “Unless otherwise directed by the court, the parties may by written stipulation (1) provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions.”

I know NCRA has done quite a bit of investigation and has published an opinion regarding administering oaths and is advocating for court reporters to have the opportunity to become authorized to administer oaths by the laws of the United States, which would be fantastic.

I am not an attorney, but I am suggesting that Rule 29 allows for parties to stipulate in writing to giving a court reporter the authority to administer oaths in cases that are subject to the Federal Rules. I would invite any feedback or interpretation of Rule 28 and 29. My goal is to find solutions for the great court reporters who travel with our profession.

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