[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR92.55]

[Page 385-386]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 92_NOTARIAL AND RELATED SERVICES--Table of Contents
 
Sec. 92.55  Consular authority and responsibility for taking depositions.

    (a) Requests to take depositions or designations to execute 
commissions to take depositions. Any United States notarizing officer 
may be requested to take a deposition on notice, or designated to 
execute a commission to take depositions. A commission or notice should, 
if possible, identify the officer who is to take depositions by his 
official title only in the following manner: ``Any notarizing officer of 
the United States of America at (name of locality)''. The notarizing 
officer responsible for the performance of notarial acts at a post 
should act on a request to take a deposition on notice, or should 
execute the commission, when the documents are drawn in this manner, 
provided local law does not preclude such action. However, when the 
officer (or officers) is designated by name as well as by title, only 
the officer (or officers) so designated may take the depositions. In 
either instance, the officer must be a disinterested party. Rule 28(c) 
of the Rules of Civil Procedure for the district courts of the United 
States prohibits the taking of a deposition before a person who is a 
relative, employee, attorney or counsel of any of the parties, or who is 
a relative or employee of such attorney or counsel, or who is 
financially interested in the action.
    (b) Authority in Federal law. The authority for the taking of 
depositions,

[[Page 386]]

charging the appropriate fees, and imposing the penalty for giving false 
evidence is generally set forth in 22 U.S.C. 4215 and 4221. The taking 
of depositions for federal courts of the United States is further 
governed by the Federal Rules of Civil Procedure. For the provisions of 
law which govern particularly the taking of depositions to prove the 
genuineness of foreign documents which it is desired to introduce in 
evidence in any criminal action or proceeding is a United States federal 
court, see 18 U.S.C. 3491 through 3496.
    (c) Procedure where laws of the foreign country do not permit the 
taking of depositions. In countries where the right to take depositions 
is not secured by treaty, notarizing officers may take depositions only 
if the laws or authorities of the national government will permit them 
to do so. Notarizing officers in countries where the taking of 
depositions is not permitted who receive notices or commissions for 
taking depositions should return the documents to the parties from whom 
they are received explaining why they are returning them, and indicating 
what other method or methods may be available for obtaining the 
depositions, whether by letters rogatory or otherwise.

[60 FR 51722, Oct. 3, 1995]