Persons Before Whom Depositions May Be Taken

U.S Code last checked for updates: Jan 18, 2025

Rule 28.

(a)

Within the United States.

(1)

In General. Within the United States or a territory or insular possession subject to United States jurisdiction, a deposition must be taken before:

(A)

an officer authorized to administer oaths either by federal law or by the law in the place of examination; or

(B)

a person appointed by the court where the action is pending to administer oaths and take testimony.

(2)

Definition of “Officer.” The term “officer” in Rules 30, 31, and 32 includes a person appointed by the court under this rule or designated by the parties under Rule 29(a).

(b)

In a Foreign Country.

(1)

In General. A deposition may be taken in a foreign country:

(A)

under an applicable treaty or convention;

(B)

under a letter of request, whether or not captioned a “letter rogatory”;

(C)

on notice, before a person authorized to administer oaths either by federal law or by the law in the place of examination; or

(D)

before a person commissioned by the court to administer any necessary oath and take testimony.

(2)

Issuing a Letter of Request or a Commission. A letter of request, a commission, or both may be issued:

(A)

on appropriate terms after an application and notice of it; and

(B)

without a showing that taking the deposition in another manner is impracticable or inconvenient.

(3)

Form of a Request, Notice, or Commission. When a letter of request or any other device is used according to a treaty or convention, it must be captioned in the form prescribed by that treaty or convention. A letter of request may be addressed “To the Appropriate Authority in [name of country].” A deposition notice or a commission must designate by name or descriptive title the person before whom the deposition is to be taken.

(4)

Letter of Request—Admitting Evidence. Evidence obtained in response to a letter of request need not be excluded merely because it is not a verbatim transcript, because the testimony was not taken under oath, or because of any similar departure from the requirements for depositions taken within the United States.

(c)

Disqualification.

A deposition must not be taken before a person who is any party’s relative, employee, or attorney; who is related to or employed by any party’s attorney; or who is financially interested in the action.

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 1, 1963; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 1, 2007, eff. Dec. 1, 2007.)