K.S.A. 60-228.Persons before whom depositions may be taken
Last amended July 1, 2012 · Last verified July 28, 2026
In one sentenceK.S.A. 60-228 identifies who may administer oaths and take depositions inside Kansas, elsewhere in the United States, and in foreign countries, and disqualifies anyone related to, employed by, or financially interested in a party or a party's attorney from serving in that role.
(1)Inside this state. Depositions in this state must be taken before:
(A)An officer or person authorized to administer oaths by the laws of this state; and
(B)a person who is certified as a certified court reporter by the Kansas supreme court.
(2)Outside this state. Outside this state, but within the United States or a territory or insular possession subject to United States jurisdiction, a deposition must be taken before:
(A)An officer authorized to administer oaths by the law in the place of examination; or
(B)a person appointed by the court where the action is pending to administer oaths and take testimony.
(3)Granting of commission. A court of this state in which an action is pending may grant a commission to one or more persons to take depositions inside or outside this state. The clerk may issue the commission under the seal of the court.
(1)In general. A deposition may be taken in a foreign country:
(A)Under an applicable treaty or convention;
(B)under a letter of request, whether or not captioned a "letter rogatory";
(C)on notice, before a person authorized to administer oaths either by federal law or by the law in the place of examination; or
(D)before a person commissioned by the court to administer any necessary oath and take testimony.
(2)Issuing a letter of request or a commission. A letter of request, a commission, or both may be issued:
(A)On appropriate terms after an application and notice of it; and
(B)without a showing that taking the deposition in another manner is impracticable or inconvenient.
(3)Form of a request, notice or commission. When a letter of request or any other device is used according to a treaty or convention, it must be captioned in the form prescribed by that treaty or convention. A letter of request may be addressed "To the Appropriate Authority in (name of country)." A deposition notice or a commission must designate by name or descriptive title the person before whom the deposition is to be taken.
(4)Letter of request; admitting evidence. Evidence obtained in response to a letter of request need not be excluded merely because it is not a verbatim transcript, because the testimony was not taken under oath or because of any similar departure from the requirements for depositions taken within this state.
(c)Disqualification. A deposition must not be taken before a person who is any party's relative, employee or attorney, who is related to or employed by any party's attorney or who is financially interested in the action.
Amendment History
L. 1963, ch. 303, 60-228; L. 1997, ch. 173, § 12; L. 2000, ch. 175, § 2; L. 2010, ch. 135, § 97; L. 2012, ch. 13, § 1; July 1.
Plain-English Summary
A deposition taken inside Kansas has to go before someone authorized under state law to administer oaths and also certified as a certified court reporter by the Kansas supreme court — both requirements, not either one. Outside Kansas but still within the United States or a U.S. territory or possession, the deposition can be taken before an officer authorized to administer oaths where the examination happens, or before a person the court where the action is pending has appointed for that purpose. Kansas courts can also grant a commission authorizing one or more people to take depositions inside or outside the state, and the clerk can issue that commission under the court's seal.
Depositions taken in a foreign country follow a broader menu of options: under an applicable treaty or convention, under a letter of request (whether or not it's labeled a 'letter rogatory'), on notice before someone authorized to administer oaths under federal law or the law of the place of examination, or before a person the court has commissioned to administer an oath and take testimony. A letter of request or commission can issue after an application and notice, without any need to show that taking the deposition another way would be impracticable or inconvenient, and when a treaty or convention prescribes a particular form, the request has to follow it. Evidence obtained through a letter of request isn't excluded just because it isn't a verbatim transcript, wasn't taken under oath, or otherwise departs from the requirements that would apply to a deposition taken in Kansas.
Whoever the deposition officer turns out to be, one disqualification applies across the board: the officer can't be a relative, employee, or attorney of any party, can't be related to or employed by any party's attorney, and can't have a financial interest in the case.
Frequently Asked Questions
Who is allowed to take a deposition inside Kansas?
Someone authorized under Kansas law to administer oaths, who is also certified as a certified court reporter by the Kansas supreme court. Both qualifications are required.
Can a Kansas deposition happen in another state?
Yes. Outside Kansas but within the United States or its territories, the deposition can be taken before an officer authorized to administer oaths in that place, or before a person the court where the action is pending has appointed to administer oaths and take testimony.
What are my options for taking a deposition in a foreign country?
Subsection (b) lists four: under an applicable treaty or convention, under a letter of request, on notice before someone authorized to administer oaths under federal law or local law, or before a person commissioned by the court.
Does a foreign deposition have to follow Kansas's usual verbatim-transcript and sworn-testimony requirements?
Not necessarily. Evidence obtained in response to a letter of request isn't excluded merely because it isn't a verbatim transcript, wasn't given under oath, or otherwise departs from the requirements for depositions taken within Kansas.
Who is barred from serving as the officer at a deposition?
Subsection (c) disqualifies anyone who is a party's relative, employee, or attorney, anyone related to or employed by a party's attorney, and anyone with a financial interest in the action.
Source & verification. Section text is reproduced verbatim from the
Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026.
· Official source
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