60-228.Persons before whom depositions may be taken.(a) Within the United States. (1) Depositions may be taken in thisstate before any officer or person authorized to administer oaths by thelaws of this state.
(2) Without the state but within the United States, orwithin a territory or insular possession subject to the dominion of theUnited States, depositions shall be taken before an officer authorized toadminister oaths by the laws of the place where the examination is held, orbefore a person appointed by the court in which the action is pending. Aperson so appointed has power to administer oaths and take testimony.
(3) Any court of record of this state, or any judge thereof, before whom anaction or proceeding is pending, is authorized to grant a commission totake depositions within or without the state. The commission may be issuedby the clerk to a person or persons therein named, under the seal of thecourt granting the same.
(b) In foreign countries. Depositions may betaken in a foreign country:
(1) Pursuant to any applicable treaty orconvention;
(2) pursuant to a letter of request, whether or not captioned a letterrogatory;
(3) on notice before a person authorized to administer oaths in theplace where the examination is held, either by the law of the United Statesor the law of that place;
(4) before a person appointed by commission. A person appointed by commission has powerby virtue of the appointment to administer oaths and taketestimony. Acommission or letter of request shall be issued onapplication and notice,and on terms and directions that are just and appropriate. It is notrequisite to the issuance of a commission or a letterof request that the taking of thedeposition in any other matter isimpracticable or inconvenient; andboth a commission and letter of request may be issuedin proper cases. Anotice or commission may designate the person before whom the deposition isto be taken either by name or descriptive title. Aletter of request may beaddressed "To the Appropriate Judicial Authority in (here name thecountry)." When a letter of request or any other device is used pursuant toan applicable treaty or convention, it shall be captioned in the formprescribedby that treaty or convention. Evidence obtainedin response to a letter of request shall not be excludedon the ground that it is not in the form of questions and answers or is nota verbatim transcript of the testimony.
(c) Disqualification. No deposition shall betakenbefore a person who is: (1) A relative, employee, attorney orcounsel of anyof the parties; (2) a relative or employee of suchattorney or counsel; (3) financially interested in the action; or (4)not certified as a certified shorthand reporter by the Kansas supremecourt.
(d) Depositions for use inforeign jurisdictions. Whenever the deposition of any person is to betaken in this state pursuant to the laws of another state or of the UnitedStates or of another country for use in proceedings there, the districtcourt in the county where the deponent resides or is employed or transactshis or her business in person may, upon ex parte petition, make anorderdirecting issuance of subpoena as provided in K.S.A. 60-245, and amendmentsthereto, in aid of thetaking of the deposition, and may make any order in accordance with subsection(d) of K.S.A. 60-230, subsection (a) ofK.S.A. 60-237 or subsection (b)(1) of K.S.A. 60-237and amendments thereto.
History: L. 1963, ch. 303, 60-228;L. 1997, ch. 173, § 12;L. 2000, ch. 175, § 2; July 1.
60-228.Persons before whom depositions may be taken.(a) Within the United States. (1) Depositions may be taken in thisstate before any officer or person authorized to administer oaths by thelaws of this state.
(2) Without the state but within the United States, orwithin a territory or insular possession subject to the dominion of theUnited States, depositions shall be taken before an officer authorized toadminister oaths by the laws of the place where the examination is held, orbefore a person appointed by the court in which the action is pending. Aperson so appointed has power to administer oaths and take testimony.
(3) Any court of record of this state, or any judge thereof, before whom anaction or proceeding is pending, is authorized to grant a commission totake depositions within or without the state. The commission may be issuedby the clerk to a person or persons therein named, under the seal of thecourt granting the same.
(b) In foreign countries. Depositions may betaken in a foreign country:
(1) Pursuant to any applicable treaty orconvention;
(2) pursuant to a letter of request, whether or not captioned a letterrogatory;
(3) on notice before a person authorized to administer oaths in theplace where the examination is held, either by the law of the United Statesor the law of that place;
(4) before a person appointed by commission. A person appointed by commission has powerby virtue of the appointment to administer oaths and taketestimony. Acommission or letter of request shall be issued onapplication and notice,and on terms and directions that are just and appropriate. It is notrequisite to the issuance of a commission or a letterof request that the taking of thedeposition in any other matter isimpracticable or inconvenient; andboth a commission and letter of request may be issuedin proper cases. Anotice or commission may designate the person before whom the deposition isto be taken either by name or descriptive title. Aletter of request may beaddressed "To the Appropriate Judicial Authority in (here name thecountry)." When a letter of request or any other device is used pursuant toan applicable treaty or convention, it shall be captioned in the formprescribedby that treaty or convention. Evidence obtainedin response to a letter of request shall not be excludedon the ground that it is not in the form of questions and answers or is nota verbatim transcript of the testimony.
(c) Disqualification. No deposition shall betakenbefore a person who is: (1) A relative, employee, attorney orcounsel of anyof the parties; (2) a relative or employee of suchattorney or counsel; (3) financially interested in the action; or (4)not certified as a certified shorthand reporter by the Kansas supremecourt.
(d) Depositions for use inforeign jurisdictions. Whenever the deposition of any person is to betaken in this state pursuant to the laws of another state or of the UnitedStates or of another country for use in proceedings there, the districtcourt in the county where the deponent resides or is employed or transactshis or her business in person may, upon ex parte petition, make anorderdirecting issuance of subpoena as provided in K.S.A. 60-245, and amendmentsthereto, in aid of thetaking of the deposition, and may make any order in accordance with subsection(d) of K.S.A. 60-230, subsection (a) ofK.S.A. 60-237 or subsection (b)(1) of K.S.A. 60-237and amendments thereto.
History: L. 1963, ch. 303, 60-228;L. 1997, ch. 173, § 12;L. 2000, ch. 175, § 2; July 1.
60-228.Persons before whom depositions may be taken.(a) Within the United States. (1) Depositions may be taken in thisstate before any officer or person authorized to administer oaths by thelaws of this state.
(2) Without the state but within the United States, orwithin a territory or insular possession subject to the dominion of theUnited States, depositions shall be taken before an officer authorized toadminister oaths by the laws of the place where the examination is held, orbefore a person appointed by the court in which the action is pending. Aperson so appointed has power to administer oaths and take testimony.
(3) Any court of record of this state, or any judge thereof, before whom anaction or proceeding is pending, is authorized to grant a commission totake depositions within or without the state. The commission may be issuedby the clerk to a person or persons therein named, under the seal of thecourt granting the same.
(b) In foreign countries. Depositions may betaken in a foreign country:
(1) Pursuant to any applicable treaty orconvention;
(2) pursuant to a letter of request, whether or not captioned a letterrogatory;
(3) on notice before a person authorized to administer oaths in theplace where the examination is held, either by the law of the United Statesor the law of that place;
(4) before a person appointed by commission. A person appointed by commission has powerby virtue of the appointment to administer oaths and taketestimony. Acommission or letter of request shall be issued onapplication and notice,and on terms and directions that are just and appropriate. It is notrequisite to the issuance of a commission or a letterof request that the taking of thedeposition in any other matter isimpracticable or inconvenient; andboth a commission and letter of request may be issuedin proper cases. Anotice or commission may designate the person before whom the deposition isto be taken either by name or descriptive title. Aletter of request may beaddressed "To the Appropriate Judicial Authority in (here name thecountry)." When a letter of request or any other device is used pursuant toan applicable treaty or convention, it shall be captioned in the formprescribedby that treaty or convention. Evidence obtainedin response to a letter of request shall not be excludedon the ground that it is not in the form of questions and answers or is nota verbatim transcript of the testimony.
(c) Disqualification. No deposition shall betakenbefore a person who is: (1) A relative, employee, attorney orcounsel of anyof the parties; (2) a relative or employee of suchattorney or counsel; (3) financially interested in the action; or (4)not certified as a certified shorthand reporter by the Kansas supremecourt.
(d) Depositions for use inforeign jurisdictions. Whenever the deposition of any person is to betaken in this state pursuant to the laws of another state or of the UnitedStates or of another country for use in proceedings there, the districtcourt in the county where the deponent resides or is employed or transactshis or her business in person may, upon ex parte petition, make anorderdirecting issuance of subpoena as provided in K.S.A. 60-245, and amendmentsthereto, in aid of thetaking of the deposition, and may make any order in accordance with subsection(d) of K.S.A. 60-230, subsection (a) ofK.S.A. 60-237 or subsection (b)(1) of K.S.A. 60-237and amendments thereto.
History: L. 1963, ch. 303, 60-228;L. 1997, ch. 173, § 12;L. 2000, ch. 175, § 2; July 1.
