Fed. R. Civ. P. 28 — Persons Before Whom Depositions May Be Taken

Federal Rules of Civil Procedure

Rule 28 — Persons Before Whom Depositions May Be Taken

Fed. R. Civ. P. 28

Rule28

TITLE VDISCLOSURES AND DISCOVERY

CitationFed. R. Civ. P. 28

Fed. R. Civ. P. 28 (Persons Before Whom Depositions May Be Taken) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Bluebook

Fed. R. Civ. P. 28.

Text

(a)WITHINTHEUNITEDSTATES.

(1)In General. Within the United States or a territory or in- sular possession subject to United States jurisdiction, a depo- sition 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)INAFOREIGNCOUNTRY.

(1)In General. A deposition may be taken in a foreign coun- try:

(A)under an applicable treaty or convention;

(B)under a letter of request, whether or not captioned a ‘‘letter rogatory’’;

(C)

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(a) WITHINTHEUNITEDSTATES.
(1) In General. Within the United States or a territory or in-
sular possession subject to United States jurisdiction, a depo-
sition 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) INAFOREIGNCOUNTRY.
(1) In General. A deposition may be taken in a foreign coun-
try:
(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 ex-
amination; or
(D) before a person commissioned by the court to admin-
ister any necessary oath and take testimony.
(2) Issuing a Letter of Request or a Commission. A letter of re-
quest, 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 an-
other 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 ad-
dressed ‘‘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 finan-
cially interested in the action.

Advisory Committee Notes

(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.)