Within New York, a deposition may be taken before a person authorized to administer oaths.
The officer taking the deposition must put the witness on oath.
The deposition should proceed continuously without unreasonable adjournment unless otherwise ordered or agreed.
Any attorney for a party may serve as the officer taking the deposition if the witness consents.
Correct Answer
D. Any attorney for a party may serve as the officer taking the deposition if the witness consents.
Detailed Explanation
Party-side attorneys do not become proper deposition officers by consent alone. CPLR 3113(a)-(b) allows depositions before a person authorized to administer oaths and requires the officer to swear the witness and note objections, but excludes an attorney, or employee of an attorney, for a party or prospective party. Unlike scheduling issues, this disqualification is built into the rule.
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