Rule 1.713.Before whom taken

Rule 1.713(1) keeps the officer taking a deposition neutral by disqualifying anyone who is a party, financially interested in the case, a party's attorney or employee, an employee of that attorney, or related within the fourth degree of consanguinity or affinity to a party, a party's attorney, or an employee of either.

Rule 1.713(2) reaches beyond the individual officer to the reporting-service arrangement itself: the officer, or anyone in a principal-and-agency relationship with the officer, cannot agree to terms that require the reporter to give up control of the original transcript and copies before it is certified and delivered to the custodial attorney, that offer special financial terms or services not available equally to every party, or that give any party an exclusive advantage. The point is to keep the business side of court reporting from tilting toward one side of the case.

Rules 1.713(3) through (5) identify who may administer the oath depending on where the deposition happens. Within the United States or its territories, anyone authorized to administer oaths under federal law, Iowa law, or the law of the place where the deposition happens may do so. In a foreign land, an embassy or legation secretary, a consul, vice-consul, consul-general, or consular agent of the United States may serve, or the deposition may proceed under the letters rogatory procedure in Rule 1.714. And for a witness in the military or naval service, a commissioned officer under whose command the witness serves, or a commissioned officer in the judge advocate general's department, may administer the oath.