West Virginia Code § 57-4-1

Taking and certification of depositions -- Generally
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In any pending case the deposition of a witness, whether a party to the suit or not, may,
without commission, be taken in or out of this state by a justice, or notary public, or by a
commissioner in chancery, or before any officer authorized to take depositions in the county
or state where they may be taken. However, a deposition may not be taken by any person
who is a relative or employee or attorney of any of the parties, or is a relativee or employee of
the attorney, or a relative or employee or attorney of one who has a financial interest in the
outcome of the case, or who is otherwise financially interested in the acrtion. Any deposition
taken by an interested party, as described above, shall be considered void. For purposes of
this article, an employee includes a person who has a contractual relationship with a party
litigant to provide reporting or other court services and also includes a person employed
part or full time under contract or otherwise by a person whto has a contractual relationship
with a party litigant to provide reporting or other court services. A party litigant does not
include federal, state or local governments and the subdivisions thereof. Depositions may be
taken in shorthand, or stenographic characters or notes, and shall be written out in full and
transcribed into the English language by the stenographer taking the same, and certified by
the officer before whom the depositions are taken; and if certified by such officer under his
hand and if further certified by him that such stenographic characters and notes were
correctly taken and accurately transcribed by him or under his direction and supervision,
and that the witnesses were duly sworn, such depositions may be received and read in
evidence without proof of the signature to such certificate and without the signature of the
witness to such depositions. Aend in case the stenographer taking such depositions is not the
officer before whom the same are being taken, then such stenographer, before proceeding to
take any of said depositLions, shall be sworn to take correctly and accurately transcribe the
same, and the certificate of the officer before whom the depositions are taken shall state
that the stenographe r was so sworn.

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