Rule 28 — Persons Before Whom Depositions May Be Taken

Fed. R. Civ. P. 28

• Source: Federal Rules of Civil Procedure
• Rule: 28
• TITLE V: DISCLOSURES AND DISCOVERY
• Citation: 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) 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.)