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ME · rules

M.R. Civ. P. 28

PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN

activein force · 2026-06-01 – presentact-effective-date

(a) Within the State. Within the state depositions shall be taken before a

notary public or a person appointed by the court. A person so appointed has

power to administer oaths and take testimony.

(b) Outside the State. Within another state, or within a territory or

insular possession subject to the dominion of the United States, or 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 appointed or

commissioned by the court, and such a person shall have the power by virtue

of the appointment or commission to administer any necessary oath and take

testimony, or (3) pursuant to a letter rogatory. A commission or a 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

state, territory or country).” 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.

Provenance

Source
courts.maine.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
f58d4bfc5b691e04689cbacaafcd6cc3db34fcfdfb140236631faaf74f02c9bd
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