AK · rules
Alaska R. Civ. P. 28
Persons Before Whom Depositions May be Taken; Foreign Commissions and Letters Rogatory
(a) Within the State. Within the state, depositions shall
be taken before an officer authorized by the laws of this state
to administer oaths, or before a person appointed by the court
in which the action is pending. A person appointed has power
to administer oaths and take testimony.
(b) In Foreign Jurisdictions. In all jurisdictions outside
Alaska, 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 a person so commissioned shall have the power by
virtue of the commission to administer any necessary oath and
take testimony, or (3) pursuant to a letter rogatory. A
commission or letter rogatory 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 or a letter rogatory
that the taking of the deposition in any other manner is
impracticable or inconvenient; and both a commission and a
letter rogatory may 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 descriptive title. A
letter rogatory may be addressed “To the Appropriate
Authority in [here name the jurisdiction].” Evidence obtained
in a foreign country in response to a letter rogatory 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, except that in the case of an audio or audio-visual
deposition, an attorney involved in the case may also operate
or direct the operation of the recording machinery.
History
(Adopted by SCO 5 October 9, 1959; amended by SCO 158 effective February 15, 1973; by SCO 733 effective December 15, 1986; by SCO 1153 effective July 15, 1994; by SCO 1610 effective April 16, 2007; and by SCO 1853 effective October 15, 2015)
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
3984a07a7fa0aaf67e4a9cccbdde425b1771222424bda47aed458db0b7914b03
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