---
kind: "section"
citation: "46 C.F.R. § 502.142"
title: "46"
number: "502.142"
heading: "Persons before whom depositions may be taken."
url: "https://uscodex.org/cfr/46/502.142"
---

# §502.142. Persons before whom depositions may be taken.

- (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:
    - (i) An officer authorized to administer oaths either by federal law or by the law in the place of examination; or
    - (ii) **A person appointed by the Commission or the presiding officer to administer oaths and take testimony.**
- (b) **In a foreign country.**
  - (1) **In general.** A deposition may be taken in a foreign country:
    - (i) Under an applicable treaty or convention;
    - (ii) under a letter of request, whether or not captioned a “letter rogatory”;
    - (iii) On notice, before a person authorized to administer oaths either by federal law or by the law in the place of examination; or
    - (iv) Before a person authorized by the Commission or the presiding officer to administer any necessary oath and take testimony.
  - (2) **Issuing a letter of request or an authorization.** A letter of request, an authorization, or both may be issued:
    - (i) On appropriate terms after an application and notice of it; and
    - (ii) **Without a showing that taking the deposition in another manner is impracticable or inconvenient.**
  - (3) **Form of a request, notice, or authorization.** 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 an authorization 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) **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. [[Rule 202](/cfr/46/202.md).]

## Notes

### Amendments

[77 FR 61529, Oct. 10, 2012. Redesignated at 81 FR 93836, Dec. 22, 2016]

### Authority

Authority: 5 U.S.C. 504, 551, 552, 553, 556(c), 559, 561-569, 571-584; 591-596; 18 U.S.C. 207; 28 U.S.C. 2112(a); 31 U.S.C. 9701; 46 U.S.C., 40103-40104, 40304, 40306, 40501-40503, 40701-40706, 41101-41109, 41301-41309, 44101-44106, 46105; 5 CFR part 2635.

### Source

Source: 49 FR 44369, Nov. 6, 1984, unless otherwise noted.

### Amendments

[77 FR 61529, Oct. 10, 2012. Redesignated at 81 FR 93836, Dec. 22, 2016]