Rule 28 Persons Before Whom Depositions May Be Taken

(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 North Dakota or federal law or by the law in the place of examination;

(B) a person appointed by the court where the action is pending to administer oaths and take testimony; or

(C) a person commissioned by the court or under a letter of request under subdivisions (b) and (c).

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

(b) In Foreign Countries. A deposition may be taken in a foreign country:

(1) under an applicable treaty or convention;

(2) under a letter of request, whether or not captioned a "letter rogatory"; or

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

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

(c) Letter of Request or Commission.

(1) In General. 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.

(2) Form of 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 state or country]." A deposition notice or a commission must designate by name or descriptive title the person before whom the deposition is to be taken.

(3) 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 under these rules.

(d) 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.