(a) Within the State. Within the state, depositions shall be taken before an officer authorized by the laws of this state to administer oaths, or before a person appointed by the court in which the action is pending. A person appointed has power to administer oaths and take testimony.
Rule 28.Persons Before Whom Depositions May be Taken; Foreign Commissions and Letters Rogatory.
Last amended October 15, 2015 · Last verified July 6, 2026
In one sentenceRule 28 sets out who is qualified to preside over a deposition, in Alaska or elsewhere, and bars anyone with a close tie to a party or a financial stake in the case from serving in that role.
Full Text of Rule 28
(b) In Foreign Jurisdictions. In all jurisdictions outside Alaska, depositions may be taken (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 (2) before a person commissioned by the court, and a person so commissioned shall have the power by virtue of the commission to administer any necessary oath and take testimony, or (3) pursuant to a letter rogatory. A commission or letter rogatory shall 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 jurisdiction].” 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) Disqualification for Interest. No deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action, except that in the case of an audio or audio-visual deposition, an attorney involved in the case may also operate or direct the operation of the recording machinery.
Amendment History
(Adopted by SCO 5 October 9, 1959; amended by SCO 158 effective February 15, 1973; by SCO 733 effective December 15, 1986; by SCO 1153 effective July 15, 1994; by SCO 1610 effective April 16, 2007; and by SCO 1853 effective October 15, 2015)
Plain-English Summary
A deposition taken within Alaska must go before an officer authorized to administer oaths under state law or a person the court appoints for that purpose; a court-appointed officer has the same power to swear witnesses and take testimony. A deposition taken outside Alaska may be taken before a person authorized to administer oaths where the examination is held, before a person commissioned by the court, or under a letter rogatory, and a commission or letter rogatory can issue even without any showing that another method would be impractical. A notice or commission may identify the officer by name or by title, and a letter rogatory may be addressed generally to the appropriate authority in the foreign jurisdiction. Evidence gathered abroad through a letter rogatory isn't excluded merely because it doesn't take the form of a verbatim transcript or sworn testimony.
No deposition may be taken before someone who is a relative, employee, attorney, or counsel of a party, or a relative or employee of that attorney or counsel, or who has a financial stake in the case. The one exception: for an audio or audio-visual deposition, an attorney involved in the case may operate or direct the recording equipment.
Frequently Asked Questions
Who is allowed to administer the oath and record testimony at an Alaska deposition?
An officer authorized to administer oaths under state law, or a person the court appoints for that purpose.
Can a deposition be taken outside Alaska?
Yes, before a locally authorized officer, a person commissioned by the court, or through a letter rogatory.
Can an attorney in the case operate the recording equipment during a deposition?
Generally no, but Rule 28(c) allows it specifically for audio or audio-visual depositions.
Source & verification. The rule text, Amendment History, and Notes are reproduced verbatim from the
official Alaska Rules of Civil Procedure (Alaska R. Civ. P. 28). Prescribed by the Supreme Court of Alaska (Alaska Const. art. IV, § 15). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: who can officiate a deposition Alaskaletter rogatory Alaska civil caseforeign deposition commission Alaskadeposition officer disqualified interestAlaska R. Civ. P. 28