(a) Outside the State of Colorado. Depositions outside the State of Colorado shall be taken only upon proof that notice to take deposition has been given as provided in these rules. The deposition shall be taken before an officer authorized to administer oaths by the laws of this state, the United States or the place where the examination is to be held, or before a person appointed by the court in which the action is pending. A person so appointed has the power to administer oaths and take testimony.
Rule 28.Persons Before Whom Depositions May be Taken
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 28 sets who may administer oaths and take a deposition, bars anyone related to, employed by, or financially interested in a party from serving in that role, and covers how commissions and letters rogatory are used for depositions taken outside Colorado.
Full Text of Rule 28
(b) 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 financially interested in the action.
(c) Commission or Letters Rogatory. A commission or letters rogatory shall be issued when necessary, on application and notice, and on terms that are just and appropriate. It is not a requisite to the issuance of a commission or letters rogatory that the taking of the deposition in any other manner is impracticable or inconvenient. Both a commission and letters rogatory may be issued in proper cases. Officers may be designated in the commission either by name or descriptive title. Letters rogatory may be addressed “to the appropriate authority in (here name the appropriate place).” The clerk shall issue a commission or letters rogatory in the form prescribed by the jurisdiction where the deposition is to be taken, such form to be prepared by the party seeking the deposition. The commission or letters rogatory shall inform the officer that the original sealed deposition shall be filed according to subsection (d) of this rule. Any error in the form or in the commission or letters rogatory is waived unless an objection is filed and served before the time fixed in the notice.
(d) Filing of the Deposition. The officer transcribing the deposition shall file the original sealed deposition pursuant to C.R.C.P. 30(f)(1).
Amendment History
Amended effective July 1, 1990.
Plain-English Summary
Rule 28 answers a narrow but practical question: who is allowed to preside over a deposition? Outside Colorado, the deposition must be taken before an officer authorized to administer oaths under Colorado law, federal law, or the law of the place where the deposition happens, or before a person the court appoints for that purpose. Whoever presides, they cannot be a relative, employee, attorney, or counsel of any party, and they cannot have a financial stake in the case — a disqualification meant to keep the deposition process neutral.
For depositions taken abroad or in another jurisdiction, parties can use a commission or letters rogatory — formal requests asking a foreign or out-of-state authority to take the testimony. Colorado does not require a party to show that other methods of taking the deposition would be impractical before resorting to a commission or letters rogatory, and both can be issued together if needed. The officer who transcribes the deposition must file the original, sealed transcript with the court, and any defect in the commission or letters rogatory is waived unless raised before the time set for the deposition in the notice.
Frequently Asked Questions
Who is disqualified from taking a deposition in Colorado?
Anyone who is a relative, employee, attorney, or counsel of a party, or who has a financial interest in the outcome of the case, cannot preside over the deposition.
How do you take a deposition of a witness located outside Colorado?
The deposition must be taken before an officer authorized to administer oaths where the deposition is held, before an officer authorized under Colorado or federal law, or before a person the court appoints, and a commission or letters rogatory can formalize the request to a foreign or out-of-state authority.
Do I have to prove other deposition methods will not work before using letters rogatory?
No — Colorado does not require a showing that taking the deposition another way would be impractical before a commission or letters rogatory can be issued.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 28). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
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