Rule 38 Persons Who May Administer Oaths for Depositions; Foreign Depositions
Rule Text
A Within Oregon.
A(1) Within this state, depositions must be preceded by an oath or affirmation administered to the deponent by an officer authorized to administer oaths by the laws of this state or by a person specially appointed by the court. A person so appointed has the power to administer oaths for the purpose of the depositions.
A(2) For purposes of this rule, a deposition taken pursuant to TCR 39 C(7) is taken within this state if either the deponent or the person administering the oath is located in this state.
B Outside the State. Within another state, or within a territory or insular possession subject to the dominion of the United States, or in a foreign country, depositions may be taken:
B(1) on notice before a person authorized to administer oaths in the place in which the examination is held, either by the law thereof or by the law of the United States, or
B(2) before a person appointed or commissioned by the Tax Court, and such a person must have the power by virtue of such person’s appointment or commission to administer any necessary oath and take testimony, or
B(3) Pursuant to a Letter Rogatory. A commission or letter rogatory will be issued on application and notice and on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient; and both a commission and a letter rogatory may be issued in proper cases. A notice or commission may designate the person before whom the deposition is to be taken either by name or descriptive title. A letter rogatory may be addressed “To the Appropriate Authority in (here name the state, territory, or country).” Evidence obtained in a foreign country in response to a letter rogatory need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within the United States under these rules.
C Foreign Depositions and Subpoenas.
C(1) Definitions. For the purpose of this rule:
C(1)(a) “Foreign subpoena” means a subpoena issued under authority of a court of record of any state other than Oregon.
C(1)(b) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
C(2) Issuance of Subpoena. This area is governed by ORCP 38 C. A party or attorney seeking discovery in this state pursuant to a foreign subpoena must proceed in the manner proscribed by that rule.
C(3) Uniformity of application and Construction. Notwithstanding subsection C(2) of this rule, to the extent absolutely necessary to ensure uniformity of the law among those states that have similar rules or statutes the clerk of this court will issue subpoenas in the same manner and subject to the same conditions and prerequisites as would a county clerk of court under ORCP 38 C. TCR amended Jan 1, 2026.