Rule 28 Persons Before Whom Depositions May Be Taken
TITLE V. DISCLOSURES AND DISCOVERY
Rule Text
(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 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:
(A) it is not a verbatim transcript;
(B) the testimony was not taken under oath; or
(C) 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:
(1) any party’s relative, employee, or attorney;
(2) related to or employed by any party’s attorney; or
(3) financially interested in the action.