§28.8 Strategic and Practical Considerations

• Jurisdiction: Washington

§28.8STRATEGIC AND PRACTICAL CONSIDERATIONS

Within the state of Washington and the United States, the taking of oral testimony by deposition does not generally raise practical challenges beyond logistics and cost. Every state has court reporters and national directories are readily available. CR 28 authorizes anyone appointed by the court to administer oaths and take testimony, and CR 29 allows the parties to waive the requirements of CR 28 by written stipulation. Nonetheless, the availability of simplified procedures for the taking of depositions does not mitigate the necessity for arranging the attendance of witnesses consistent with the civil rules. Chapter 45. (Rule 45. Subpoena) of this deskbook addresses compelling attendance of witnesses outside the state in local actions.

In contrast, depositions in foreign countries pose unique and substantial difficulties. Depositions arranged by stipulation or taken by notice upon witnesses who appear voluntarily are the most efficient solutions, as long as such procedures are permitted in the country in which the deposition is taken. In such circumstances, an American consular official or other person approved under Fed. R. Civ. P. 28(b) may administer oaths, and he or she should comply with the statutory requirements of the jurisdiction in which the deposition is taken and any special instructions or requirements that may exist.

The commission procedure...