Rule 28 Persons Before Whom Depositions May Be Taken

When someone needs to take a deposition (recorded testimony given under oath before trial), the person running that deposition has to be legally allowed to give oaths. If the deposition happens inside the Virgin Islands, it must be done in front of someone who is authorized by Virgin Islands law or by the law of wherever the deposition is taking place. This person is called the "officer" of the deposition, and this title also applies to someone the court appoints or someone the parties agree to use.

If the deposition takes place outside the Virgin Islands, different rules apply. In that case, the deposition must follow the specific process laid out in Virgin Islands law under 5 V.I.C. § 4921, which sets separate requirements for out-of-territory depositions.

The rule also protects the fairness of the process. The person running the deposition cannot be a relative, employee, or lawyer connected to either side of the case. They also cannot have any financial interest in how the case turns out. This keeps depositions neutral and prevents any conflict of interest from affecting the testimony being recorded.