Session of 2000
By Senator Emert

  9             AN  ACT concerning civil procedure; relating to depositions; preferential
10             pricing of reporting services; amending K.S.A. 1999 Supp. 60-228 and
11             repealing the existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1999 Supp. 60-228 is hereby amended to read as
15       follows: 60-228. (a) Within the United States. (1) Depositions may be
16       taken in this state before any officer or person authorized to administer
17       oaths by the laws of this state.
18             (2) Without the state but within the United States, or within a terri-
19       tory or insular possession subject to the dominion of the United States,
20       depositions shall be taken before an officer authorized to administer oaths
21       by the laws of the place where the examination is held, or before a person
22       appointed by the court in which the action is pending. A person so ap-
23       pointed has power to administer oaths and take testimony.
24             (3) Any court of record of this state, or any judge thereof, before
25       whom an action or proceeding is pending, is authorized to grant a com-
26       mission to take depositions within or without the state. The commission
27       may be issued by the clerk to a person or persons therein named, under
28       the seal of the court granting the same.
29             (b) In foreign countries. Depositions may be taken in a foreign
30       country:
31             (1) Pursuant to any applicable treaty or convention;
32             (2) pursuant to a letter of request, whether or not captioned a letter
33       rogatory;
34             (3) on notice before a person authorized to administer oaths in the
35       place where the examination is held, either by the law of the United States
36       or the law of that place;
37             (4) before a person appointed by commission. A person appointed by
38       commission has power by virtue of the appointment to administer oaths
39       and take testimony. A commission or letter of request shall be issued on
40       application and notice, and on terms and directions that are just and
41       appropriate. It is not requisite to the issuance of a commission or a letter
42       of request that the taking of the deposition in any other matter is im-
43       practicable or inconvenient; and both a commission and letter of request


  1       may be issued in proper cases. A notice or commission may designate the
  2       person before whom the deposition is to be taken either by name or
  3       descriptive title. A letter of request may be addressed "To the Appropri-
  4       ate Judicial Authority in (here name the country)." When a letter of re-
  5       quest or any other device is used pursuant to an applicable treaty or
  6       convention, it shall be captioned in the form prescribed by that treaty or
  7       convention. Evidence obtained in response to a letter of request shall not
  8       be excluded on the ground that it is not in the form of questions and
  9       answers or is not a verbatim transcript of the testimony.
10             (c) Disqualification for interest. No deposition shall be taken before
11       a person who is: (1) A relative or, employee or, attorney or counsel of any
12       of the parties, or is; (2) a relative or employee of such attorney or counsel,
13       or is; (3) financially interested in the action; or (4) under a contract to
14       provide preferential pricing of reporting services to any of the parties or
15       to an attorney, counsel or insurer of any of the parties.
16             (d) Depositions for use in foreign jurisdictions. Whenever the depo-
17       sition of any person is to be taken in this state pursuant to the laws of
18       another state or of the United States or of another country for use in
19       proceedings there, the district court in the county where the deponent
20       resides or is employed or transacts his or her business in person may,
21       upon ex parte petition, make an order directing issuance of subpoena as
22       provided in K.S.A. 60-245, and amendments thereto, in aid of the taking
23       of the deposition, and may make any order in accordance with subsection
24       (d) of K.S.A. 60-230, subsection (a) of K.S.A. 60-237 or subsection (b)(1)
25       of K.S.A. 60-237 and amendments thereto. 
26       Sec.  2. K.S.A. 1999 Supp. 60-228 is hereby repealed.
27        Sec.  3. This act shall take effect and be in force from and after its
28       publication in the statute book.