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46 C.F.R. § 502.142 : Shipping — FEDERAL MARITIME COMMISSION — GENERAL AND ADMINISTRATIVE PROVISIONS — RULES OF PRACTICE AND PROCEDURE — DISCLOSURES AND DISCOVERY — Persons before whom depositions may be taken
Text
(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.]
46 C.F.R. §502.142
81 FR 93836, 1/27/2016
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