Some reported Missouri decisions have limited a party’s ability to depose a witness or party situated in a foreign jurisdiction (See State ex rel. Von Pein v. Clark, 526 S.W.2d 383, Mo. App. 1975 (Belgian defendant could be required to arrive in Missouri with sufficient time before trial to sit for a deposition)). However, to the best of the undersigned’s knowledge, no reported cases have ever afforded the same protection to a Plaintiff or Petitioner.
Respondent’s right to conduct discovery will be severely limited if she is unable to depose Petitioner in-person. She could also experience difficulty, for example, in presenting exhibits to Petitioner during a deposition.
A deponent in a foreign jurisdiction must be deposed in the presence of, or “before”, a person commissioned or authorized to administer oaths. Supreme Court Rule 57.05(c). A deposition in foreign jurisdiction by person acting with such a commission must be “accompanied by a certificate of the official character of said officer, attested by the seal of state, or of a court of the government in which the depositions or examinations were taken.” R.S.Mo. §492.390.