ME · rules
M.R. Civ. P. 28
PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN
(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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