W.R.C.P. 28

(a) Within the United States. —

(1) In General. — 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 either by the laws of this

state or of the United States or of the place of examination; or

(B) a person appointed by the court where the action is pending to

administer oaths and take testimony.

(2) Definition of “Officer.” The term “officer” in Rules 30, 31, and 32

includes a person appointed by the court under this rule or designated by the

parties under Rule 29(a).

(b) In a Foreign Country. —

(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 the United States.

(c) Interstate Depositions and Discovery. —

(1) Definitions. For purposes of this rule:

(A)

“Foreign jurisdiction” means a state other than Wyoming;

(B)

“Foreign subpoena” means a subpoena issued under authority of a

court of record of a foreign jurisdiction;

(C)

“Person” means an individual, corporation, business trust, estate,

trust, partnership, limited liability company, association, joint venture,

public corporation, government, or governmental subdivision, agency or

instrumentality, or any other legal or commercial entity;

(D)

“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or

insular possession subject to the jurisdiction of the United States; and

(E)

“Subpoena” means a document, however denominated, issued

under authority of a court of record requiring a person to:

(i)

attend and give testimony at a deposition;

(ii)

produce and permit inspection and copying of designated books,

documents, records, electronically stored information, or tangible things

in the possession, custody, or control of the person; or

(iii)

permit inspection of premises under the control of the person.

(2) Issuance of a Subpoena.

(A) To request issuance of a subpoena under this section, a party must

submit a foreign subpoena to a clerk of court in the county in which

discovery is sought to be conducted in Wyoming. A request for issuance of

a subpoena under this act does not constitute an appearance in the courts

of this state.

(B) When a party submits a foreign subpoena to a clerk of court in this

state, the clerk, in accordance with that court’s procedure, shall promptly

issue a subpoena for service upon the person to which the foreign

subpoena is directed.

(C) A subpoena under subsection (B) must:

(i) incorporate the terms used in the foreign subpoena; and

(ii) contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the

subpoena relates and of any party not represented by counsel.

(3) Service of a Subpoena. A subpoena issued by a clerk of court under

paragraph (c)(2) of this rule must be served in compliance with Rule 45.

(4) Deposition, Production, and Inspection. Rules 30, 31, 34, and 45 apply

to subpoenas issued under paragraph (c)(2) of this rule.

(5) Application to Court. An application to the court for a protective order

or to enforce, quash, or modify a subpoena issued by a clerk of court under

paragraph (c)(2) of this rule must comply with the rules or statutes of this

state and be submitted to the court for the county in which discovery is to be

conducted.

(d) 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.