When and how a deposition may be taken outside this Commonwealth. (a) General rule.-- A deposition to obtain testimony or documents or other things in a matter pending
Pennsylvania Consolidated Statutes
Section: 5325
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 5325
§ 5325. When and how a deposition may be taken outside this Commonwealth. (a) General rule.-- A deposition to obtain testimony or documents or other things in a matter pending
in this Commonwealth may be taken outside this Commonwealth: (1) On reasonable notice in writing to all parties, setting forth the time and place for
taking the deposition, the name and address of each person to be examined, if known,
and if not known, a general description sufficient to identify him or the particular
class or group to which he belongs and the name or descriptive title of the person
before whom the deposition will be taken. The deposition may be taken before a person
authorized to administer oaths in the place in which the deposition is taken by the
law thereof or by the law of this Commonwealth or the United States. (2) Before a person commissioned by the tribunal of this Commonwealth. The person so commissioned
has the power by virtue of his commission to administer any necessary oath. (3) Pursuant to a letter rogatory issued by the court. A letter rogatory may be addressed
"To the Appropriate Authority in (here name the state or country)." (4) In any manner before any person, at any time or place, or upon any notice stipulated
by the parties. A person designated by the stipulation has the power by virtue of
his designation to administer any necessary oath. (b) Commission or letter rogatory.-- A commission or a letter rogatory shall be issued after notice and application to
the court, 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. 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 this Commonwealth. (c) Deposition prior to commencement of matter.-- When no matter is pending, a tribunal of this Commonwealth may authorize a deposition
to be taken outside this Commonwealth of any person regarding any matter that may
be cognizable in any tribunal of this Commonwealth. Subject to general rules, the
tribunal may prescribe the manner in which and the terms upon which the deposition
shall be taken. Saved from Suspension. Pennsylvania Rule of Civil Procedure No. 4023, adopted November 20, 1978, provided
that section 5325 shall not be deemed suspended or affected. Rules 4001 through 4025
relate to depositions and discovery. Cross References. Section 5325 is referred to in sections 5329, 5919 of this title.
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