W.Va. R. Civ. P. 28

As amended through January 31, 2024
Rule 28 - [Effective 1/1/2025] Persons before whom deposition 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 shall be taken before:
(A) an officer authorized to administer oaths either by federal law or of this State or by the law in the place of examination; or
(B) a person appointed by the court where the action is pending to administer oaths and take testimony.
(2)Definition of "officer". The term "officer" in Rules 30, 31, and 32 includes a person appointed by the court under this rule or designated by the parties under Rule 29(a).
(b)In a foreign country.
(1)In general. 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 either by federal law or by the law of this State or by the law in the place of examination; or
(D) before a person commissioned by the court to administer any necessary oath and take testimony.
(2)Issuing a letter of request or a commission. A letter of request, a commission, or both may be issued:
(A) on appropriate terms after an application and notice of it; and
(B) without a showing that taking the deposition in another manner is impracticable or inconvenient.
(3)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 shall 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 a commission shall 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)Disqualitication. A deposition shall not be taken before a person who is a 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.

W.va. R. Civ. P. 28

Amended effective 1/1/2025.