Defense has filed a Motion for Deposition under CCP 39.02. The defense's alibi witness is paralyzed and can't leave his home; good cause is NOT at issue here.

According CCP 39.03 the court must appoint an officer to take the deposition in front of. However, I'm looking at the defense's prepared 'Order', and there is not a paragraph to address this issue.

Is this significant? Of course, the deposition won't be admissible without an administered oath. What if the trial judge overlooks this and does not order this?

Should I keep my mouth shut and then just object to the admissibility of the deposition at trial (as not being under oath)?