§ Civ R 28 Persons before whom depositions may be taken

Civ R 28 Persons before whom depositions may be taken

(A) Depositions within state

Depositions may be taken in this state before: a person authorized to administer any oath by the laws of this state, a person appointed by the court in which the action is pending, or a person agreed upon by written stipulation of all the parties.

(B) Depositions outside state

Depositions may be taken outside this state before: a person authorized to administer oaths in the place where the deposition is taken, a person appointed by the court in which the action is pending, a person agreed upon by written stipulation of all the parties, or, in any foreign country, by any consular officer of the United States within his consular district.

Unless the parties agree otherwise as provided in Civ. R. 29, depositions shall not be taken before a person who:

(1) is a relative or employee of or attorney for any of the parties, or

(2) is a relative or employee of an attorney for any of the parties, or

(3) is financially interested in the action.

(D) Prohibited contracts

(1) Any blanket contract for private court reporting services, not related to a particular case or reporting incident, shall be prohibited between a private court reporter or any other person with whom a private court reporter has a principal and agency relationship, and any attorney, party to an action, party having a financial interest in an action, or any entity providing the services of a shorthand reporter.

(2) “Blanket contract” means a contract under which a court reporter, court recorder, or court reporting firm agrees to perform all court reporting or court recording services for a client for two or more cases at a rate of compensation fixed in the contract.

(3) Negotiating or bidding reasonable fees, equal to all parties, on a case-by-case basis is not prohibited.

(4) Division (D) of this rule does not apply to the courts or the administrative tribunals of this state.