442 Neb. Admin. Code, ch. 12, § 002

Current through September 17, 2024

Section 442-12-002 - Persons Before Whom Depositions May Be Taken (Rule 28)

002.01 Within This State

Within this State depositions may be taken before a notary public, or any person appointed by the Commission. A person so appointed has power to administer oaths and take testimony.

002.02 Elsewhere Within the United States

Within other states of the United States or within a territory or insular possession subject to the jurisdiction of the United States depositions may 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 the Commission. A person so appointed has power to administer oaths and take testimony.

002.03 In Foreign Countries

In a foreign country, depositions may be taken

002.03A 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 the United States, or

002.03B before a person commissioned by the Commission, and a person so commissioned shall have the power by virtue of his or her commission to administer any necessary oath and take testimony, or

002.03C pursuant to a letter rogatory.

002.03C1 A commission or a letter rogatory shall be issued on application and notice 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. A letter rogatory may be addressed "To the Appropriate Authority in [here name the country]". 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 the United States under these rules.

002.04 Disqualification for Interest

The officer before whom the deposition is taken and the person recording the testimony shall not be a relative, employee, or legal counsel for any of the parties, nor a relative or employee of such legal counsel, nor financially interested in the action.

442 Neb. Admin. Code, ch. 12, § 002