§57-4-2. Taking and certification of depositions -- Out of state and in foreign countries.
On affidavit that a witness resides out of this state, or is out of it in the service thereof, or of the United States, or is out of this state and for justifiable reasons will probably be out of this state until after the trial of the case in which his testimony is needed, his deposition may be taken by or before any commissioner appointed by the governor of this state, or any justice, notary public or other officer authorized to take depositions in the state wherein the witness may be, or, if the deposition is to be taken in a foreign country, by or before such commissioner or commissioners as may be agreed upon by the parties or appointed by the court, or, if there be none such, by or before any American minister, plenipotentiary, charge d'affaires, consul general, consul, vice consul, consular agent, vice deputy consular agent, commercial agent or vice commercial agent, appointed by the government of the United States, or by or before the mayor or other chief magistrate of any city, town or corporation in such country or any notary public therein. Any person or persons taking such deposition may administer an oath to the witness and take and certify the deposition with his official seal annexed, and if he have none, the genuineness of his signature shall be authenticated by some officer of the same state or country, under his official seal.

Note: WV Code updated with legislation passed through the 2012 1st Special Session