a Deposition in the United States.
1 Generally. 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 by federal law, Arizona law, or the law of the place of examination;
B a person appointed by the court where the action is pending to administer oaths and take testimony; or
C any certified reporter designated by the parties under Rule 29.
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 Deposition in a foreign country.
1 Generally. 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 by federal law, Arizona law, or the law of the place of examination; or
D before a person commissioned by the court where the action is pending to administer any necessary oath and take testimony.
2 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 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 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 within the United States under these rules.
c Letters of request and commissions.
1 Not required. A deposition in a pending superior court action may be taken anywhere upon notice prescribed by these rules without a letter of request, commission, or other like writ.
2 Issuing letter of request or commission. The clerk may issue a letter of request—whether or not captioned a “letter rogatory”—a commission, or both:
A on appropriate terms after an application and one full-day’s notice to the other parties; and
B without a showing that taking the deposition in another manner is impracticable or inconvenient.
3 Objections; waiver. A party waives any error in the form of a letter of request or commission if it does not file a written objection before the clerk issues the letter of request or commission. The court must rule on any timely filed objection before the clerk may issue a letter of request or commission.
d Disqualification. A deposition may 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.
Promulgated by R-16-0010, effective January 1, 2017.
Rule 28 answers a practical question every deposition depends on: who is authorized to administer the oath and take the testimony? Within the United States, a deposition must go forward before an officer authorized to give oaths under federal law, Arizona law, or the law of the place of examination, a person the court appoints for that purpose, or a certified reporter the parties designate under Rule 29.
Abroad, the options widen: a deposition may proceed under an applicable treaty or convention, under a letter of request (sometimes called a letter rogatory), on notice before someone authorized to administer oaths where the deposition is taken, or before a person the court commissions for that purpose. Evidence gathered through a letter of request does not have to be excluded just because it isn't a verbatim transcript, wasn't taken under oath, or otherwise departs from how a deposition would normally be taken in the United States.
A letter of request or commission is not required at all for a deposition taken in a pending Arizona case — the clerk issues one only on request, after notice to the other parties, and without needing to show that any other method of taking the deposition would be impractical. A party who wants to object to the form of a letter of request or commission must do so in writing before the clerk issues it, or the objection is waived.
Finally, the rule disqualifies certain people from presiding over a deposition altogether: a party's relative, employee, or attorney; anyone related to or employed by a party's attorney; and anyone with a financial stake in the outcome of the action.