RULE CR 28
          PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN


    (-) Within the State. Depositions within the state may be taken before
the following officers:

    (1) Court Commissioners. (Reserved. See RCW 2.24.040(9) and (10).)
    (2) Superior Courts. (Reserved. See RCW 2.28.010(7).)
    (3) Judicial Officers. (Reserved. See RCW 2.28.060.)
    (4) Judges of Supreme and Superior Courts. (Reserved. See RCW 2.28.080(3).)
    (5) Inferior Judicial Officers. (Reserved. See RCW 2.28.090.)
    (6) Notaries Public. (Reserved. See RCW 5.28.010 and 42.44.010.)
    (7) Special Commissions. (Reserved. See RCW 11.20.030.)

    (a) Within the United States. Within the United States or within a
territory or insular possession subject to the dominion of the United
States, depositions shall be taken before an officer authorized to
administer oaths by the laws of the United States or 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 rules 30, 31, and 32 includes
a person appointed by the court or designated by the parties under rule 29.

    (b) In Foreign Countries. In a foreign country, depositions may be
taken (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 the United States, or (2) before a person commissioned by the court,
and the 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 or a letter of request, or (4) pursuant to
the means and terms of any applicable treaty or convention. A commission, a
letter rogatory, or a letter of request 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, a letter rogatory, or a letter of request
that the taking of the deposition in any other manner is impracticable or
inconvenient; and a commission, a letter rogatory, and a letter of request
may all 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 by
descriptive title. A letter rogatory may be addressed "To the Appropriate
Authority in (here name the country)." A letter of request or any other
device permitted by any applicable treaty or convention shall be styled in
the form prescribed by that treaty or convention. Evidence obtained in
response to a letter rogatory or a letter of request 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 the United States under these rules.

    (c) Disqualification 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.

   (d) Equal Terms Required.  Any arrangement concerning court
reporting services or fees in a case shall be offered to all
parties on equal terms.  This rule applies to any arrangement or
agreement between the person before whom a deposition is taken or
a court reporting firm, consortium or other organization
providing a court reporter, and any party or any person arranging
or paying for court reporting services in the case, including any
attorney, law firm, person or entity with a financial interest in
the outcome of the litigation, or person or entity paying for
court reporting services in the case.


[Amended effective July 1, 1972; amended effective September 1, 2001; September 1, 2005.]