§ Rule 28-I. Depositions Outside the Forum Jurisdiction

Codes > District of Columbia Official Code > Superior Court > V. Depositions > Rule 28-I.

Rule 28-I. Depositions Outside the Forum Jurisdiction

(a) Actions in This Court.Any party to a civil action pending in this court may file with the court a motion for appointment of an examiner to take the testimony of a witness who resides outside the District of Columbia. The motion shall state the name and address of each witness sought to be deposed and the reasons why the testimony of such witness is required in the action. The motion shall be served on all other parties to the action who may within 5 days file opposition to the motion as prescribed in Rule 12. If the motion is granted, the court shall appoint an examiner to take the testimony of such witnesses as are designated in the order of appointment and shall issue a commission to the examiner who shall take the testimony in the manner prescribed in these Rules.

(b) Actions in Other Jurisdictions.When a commission is issued or notice given to take the testimony of a witness found within the District of Columbia, to be used in an action pending in a court of a state, territory, commonwealth, possession, or place under the jurisdiction of the United States, the party seeking that testimony may file with this Court a certified copy of the commission or notice. If the commission or notice is in order, the clerk shall, upon approval by the judge in chambers of the commission or notice and the proposed subpoena, issue a subpoena compelling the designated witness to appear for deposition at a specified time and place. Testimony taken under this section shall be taken in the manner prescribed in these Rules and the Court may entertain any motion, including motions for quashing service of a subpoena and for issuance of protective orders, in the same manner as if the action were pending in this Court.