§28.6 Analysis

• Jurisdiction: Washington

§28.6ANALYSIS

This section analyzes application of CR 28 and Fed. R. Civ. P. 28.

(1)Depositions within the state of Washington

Most depositions within the state of Washington will be taken before court reporters who are notaries public. The record of the deposition will most commonly be recorded stenographically, and in some cases, by video. (See CR 30(b)(8) for the rules governing the noticing of depositions to be recorded by video.) The other persons identified in CR 28(-) rarely will have occasion to have depositions taken before them.

The civil rules authorize other arrangements for depositions occurring in the state of Washington. CR 30(b)(7) allows the court to order, or the parties to stipulate, that a deposition may be taken over the telephone or by other electronic means. The parties may also stipulate pursuant to CR 29 to the persons before whom a deposition may be taken. Prior to the amendment of Fed. R. Civ. P. 28(a), a federal court held that recording a deposition electronically avoided the need for an independent "officer" to administer oaths, certify, seal, and file a deposition. Marlboro Prods. Corp. v. N.Am. Philips Corp., 55 F.R.D. 487, 489-90 (S.D.N.Y. 1972) (approving electronic recording of deposition from which typewritten transcript would be made and then submitted to witness for review and signing).

The superior court has authority under RCW 2.28.010 to exercise control over court reporters who are involved with litigation pending in that county. Easterday v. S. Colum. Basin Irrig. Dist., 49 Wn.App. 746, 749,745P.2d1322 (1987) (court in county where action was pendinghad jurisdiction over court reporter who resided in and reported deposition in another county because reporter was "significantly connected" with litigation).

(2)Depositions within the United States

Depositions outside of the state of Washington but within the United States may be taken before any officer authorized to administer oaths under United States law or under the law of the state or place where the deposition is taken. The parties also may stipulate pursuant to CR 29 to any person before whom the deposition may be taken. There is no limitation on persons who may be commissioned by the court. See Moore v. Keesey, 26 Wn.2d 31, 47-48, 173 P.2d 130 (1946) (holding that the discovery rules "must be liberally construed"). The designation of a person before whom a deposition may be taken does not compel the attendance of an out-of-state...