Okla. Stat. tit. 12, § 12-3228
This is the official text of Okla. Stat. tit. 12, § 12-3228, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Persons before whom depositions may be taken
Official statutory text
A. DEPOSITIONS TAKEN WITHIN OKLAHOMA. Within this state,
depositions shall be taken before an officer authorized to
administer oaths by the laws of the place where the examination is
held, or before a person appointed by the court in which the action
is pending. A person so appointed has power to administer oaths and
take testimony.
The term officer as used in Sections 3230 through 3232 of this
title includes a person appointed by the court or designated by the
parties under Section 3229 of this title; except that on and after
January 1, 1990, depositions taken within this state shall only be
taken by an officer who is either a certified shorthand reporter
(CSR) or a licensed shorthand reporter (LSR); provided however, on
and after the effective date of this act, any person who was taking
depositions by the steno-mask method of reporting within this state
Oklahoma Statutes - Title 12. Civil Procedure Page 515
prior to January 1, 1990, may continue to take depositions within
this state if the person provides to the State Board of Examiners of
Official Shorthand Reporters or successor entity of the Board a
certification, signed by a judge of the district court and by an
attorney licensed to practice law in this state, declaring that the
person has taken depositions that were admitted into evidence in any
court of this state. The certification shall be submitted within
thirty (30) days of the effective date of this act to the State
Board of Examiners of Official Shorthand Reporters or successor
entity of the Board who shall issue said person a certificate as an
acting court reporter permitting the person to take depositions or
other sworn statements, subpoena witnesses for depositions, issue
affidavits in respect to the regular duties of the person, and
administer oaths and affirmations with authority equal to that of a
notary public.
B. DEPOSITIONS TAKEN OUTSIDE OF OKLAHOMA. Depositions may be
taken outside of Oklahoma:
1. 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 this state; or
2. Before a person commissioned by the court, and a person so
commissioned shall have the power by virtue of his commission to
administer any necessary oath and take testimony; or
3. Pursuant to a letter rogatory.
A commission or a letter rogatory shall be issued on application
and notice and 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. 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 this state.
C. DISQUALIFICATIONS FOR INTEREST. No deposition shall be
taken before a person who is a relative or employee or attorney or
counsel of any of the parties, or is a relative or employee of such
attorney or counsel, or is financially interested in the action.
depositions shall be taken before an officer authorized to
administer oaths by the laws of the place where the examination is
held, or before a person appointed by the court in which the action
is pending. A person so appointed has power to administer oaths and
take testimony.
The term officer as used in Sections 3230 through 3232 of this
title includes a person appointed by the court or designated by the
parties under Section 3229 of this title; except that on and after
January 1, 1990, depositions taken within this state shall only be
taken by an officer who is either a certified shorthand reporter
(CSR) or a licensed shorthand reporter (LSR); provided however, on
and after the effective date of this act, any person who was taking
depositions by the steno-mask method of reporting within this state
Oklahoma Statutes - Title 12. Civil Procedure Page 515
prior to January 1, 1990, may continue to take depositions within
this state if the person provides to the State Board of Examiners of
Official Shorthand Reporters or successor entity of the Board a
certification, signed by a judge of the district court and by an
attorney licensed to practice law in this state, declaring that the
person has taken depositions that were admitted into evidence in any
court of this state. The certification shall be submitted within
thirty (30) days of the effective date of this act to the State
Board of Examiners of Official Shorthand Reporters or successor
entity of the Board who shall issue said person a certificate as an
acting court reporter permitting the person to take depositions or
other sworn statements, subpoena witnesses for depositions, issue
affidavits in respect to the regular duties of the person, and
administer oaths and affirmations with authority equal to that of a
notary public.
B. DEPOSITIONS TAKEN OUTSIDE OF OKLAHOMA. Depositions may be
taken outside of Oklahoma:
1. 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 this state; or
2. Before a person commissioned by the court, and a person so
commissioned shall have the power by virtue of his commission to
administer any necessary oath and take testimony; or
3. Pursuant to a letter rogatory.
A commission or a letter rogatory shall be issued on application
and notice and 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. 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 this state.
C. DISQUALIFICATIONS FOR INTEREST. No deposition shall be
taken before a person who is a relative or employee or attorney or
counsel of any of the parties, or is a relative or employee of such
attorney or counsel, or is financially interested in the action.
Status: in_force · Read it on the official government site
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