§28.5 Purpose and Procedure

• Jurisdiction: Washington

§28.5PURPOSE AND PROCEDURE

CR 28 identifies the persons before whom depositions may be taken in Washington, within the United States, and abroad.

(1)CR28(-)

The initial section of CR 28 is preceded by the prefix "(-)," denoting that there is no comparable federal provision. This section identifies the persons before whom depositions may be taken in the state of Washington, including court commissioners, RCW 2.24.040(9), (10); judicial officers of the courts, RCW2.28.010(7), .060, .090; judges of the Supreme and superior courts, RCW 2.28.080(3); notaries public, RCW 42.44.010(2) & 5.28.010; and those receiving a special commission in probate proceedings, RCW 11.20.030.

Comment: CR 30(b)(7) allows the court to order or the parties to stipulate that a deposition upon oral examination may be taken over the telephone or by other electronic means, and CR 29 further expands the parties' ability to stipulate before whom depositions may be taken. These provisions also apply to depositions taken outside of Washington pursuant to CR 28(a) and (b).

(2)CR 28(a)

CR 28(a) identifies the persons before whom depositions maybe taken within the United States or within a territory or insular possession of the United States subject to its "dominion" pursuant to CR 28(a):

(1)	an officer authorized to administer oaths under United States law;
(2)	an officer authorized to administer oaths under the law of the place where the deposition is held;
(3)	a person appointed by the court in which the action is pending and
(4)	any person so designated has the authority to administer oaths

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