Rule 55.Persons Before Whom Depositions May Be Taken; Depositions in Foreign Countries

Rule 55 answers a narrow question with real consequences: who may put a deponent under oath.

Inside the United States

A deposition must be taken before an officer authorized to administer oaths by federal law, Arizona law, or the law of the place of examination; a person the court appoints to administer oaths and take testimony; or any certified reporter the parties designate under Rule 56. Where Rules 57, 58 and 59 say "officer," they include a person appointed by the court or designated by the parties.

In a foreign country

Four routes: under an applicable treaty or convention; under a letter of request, whether or not captioned a letter rogatory; on notice before a person authorized to administer oaths by federal law, Arizona law, or the law of the place; or before a person the court commissions.

Section (b)(3) is the practical one. Evidence obtained in response to a letter of request need not be excluded because it is not a verbatim transcript, because the testimony was not taken under oath, or because of any similar departure from what these rules require inside the United States. Foreign procedure will not match Arizona's, and the rule says so in advance.

Letters of request are usually unnecessary

A deposition in a pending superior court action may be taken anywhere on ordinary notice without a letter of request, commission or similar writ. Where one is wanted, the clerk may issue it on appropriate terms after an application and at least one full day's notice, and without a showing that another method is impracticable or inconvenient. A party waives any error in the form by not objecting before issuance.

Disqualification

A deposition may not be taken before any party's relative, employee or attorney; anyone related to or employed by a party's attorney; or anyone financially interested in the action. The list is categorical -- no showing of actual bias is required, and none excuses it.