Short answer. Yes. Section 13 disqualifies any employee of a party's counsel from serving as the officer before whom a deposition is taken. A legal secretary employed by opposing counsel falls directly within that bar, regardless of her personal fitness or neutrality, so she cannot serve as the officer.
What the law says
No deposition shall be taken before a person who is a relative within the sixth degree of consanguinity or affinity, or employee or counsel of any of the parties; or who is a relative within the same degree, or employee of such counsel; or who is financially interested in the action.
Rule 23, Section 13 — Disqualification by interest. Read the full provision →
Who Section 13 disqualifies
The section bars four overlapping categories of people from serving as the officer who takes a deposition: relatives of a party within the sixth degree of consanguinity or affinity, an employee or counsel of any party, a relative of a party's counsel within that same degree, and anyone financially interested in the action. Any one of these connections is enough by itself — the officer does not need to fall into more than one category to be disqualified from administering the deposition. A legal secretary employed by a party's counsel falls squarely within the second category, since the bar covers an employee of counsel, not just an employee of the party itself.
Why the rule exists
The officer is not a passive bystander. He or she administers the oath, records the testimony, and later certifies that the deposition is a true and accurate record of what was said. That role calls for independence from both sides. An officer who is tied to a party by blood, employment, or a financial stake in the outcome creates an obvious risk that the recording or certification could be shaded, deliberately or not, in that side's favor.
Objecting promptly matters
Disqualification does not police itself. Section 29(b) of this same Rule treats an objection based on the officer's disqualification as waived unless it is made before the deposition begins, or as soon afterward as the disqualification becomes known or could have been discovered with reasonable diligence. A party who suspects a conflict should check the proposed officer's connections before the date, and raise the objection on the record immediately if a problem surfaces. Waiting until after the deposition is taken, or raising the objection for the first time when the transcript is offered in evidence later, risks losing the objection entirely even though the underlying disqualification was real.
Related provisions
- Rule 23, Section 13 — Disqualification by interest
- Rule 23, Section 29 — Effect of errors and irregularities in depositions