Section 5.346. Persons before whom depositions may be taken

(a) Within the United States or within a territory or possession subject to the dominion of the United States, depositions other than by interrogatories shall be taken before an officer authorized to administer oaths by the laws of the United States, of the Commonwealth or of the place where the examination is held, or before a person appointed by the presiding officer. A person so appointed shall have power to administer oaths and take testimony.

(b) No deposition may be taken before a person who is a relative, employe or attorney of any of the parties, who is a relative or employe of the attorney, or who is financially interested in the action.

(c) Depositions by written questions need only be answered under oath and notarized.

(d) Attendance of a witness at a deposition may be compelled by subpoena.

(e) Subsections (a)—(d) supersede 1 Pa. Code § 35.148 (relating to officer before whom deposition is taken).

The provisions of this § 5.346 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 414. Immediately preceding text appears at serial pages (215985) to (215986).

Notation

Authority

The provisions of this § 5.346 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301 and 1501.

Cross References

This section cited in 52 Pa. Code § 1.8 (relating to defintions); 52 Pa. Code § 5.345 (relating to procedure on depositions by written questions); and 52 Pa. Code § 5.411 (relating to oral examination).