(a) Within this state, depositions shall be taken before a judge or clerk of any court, notary public or Commissioner of the Superior Court.
Section 13-28.—Persons before Whom Deposition May Be Taken for Use in Proceedings in this State
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis section lists who may serve as the officer administering a deposition — a judge, clerk, notary, or Superior Court commissioner within Connecticut, and specific categories of officials for depositions taken in other states or abroad.
Full Text of Section 13-28
(b) In any other state, as defined in General Statutes § 52-656 (4), that has adopted the Interstate Depositions and Discovery Act, depositions for use in a civil action, probate proceeding or administrative appeal within this state shall be taken before a person authorized by that state to administer oaths. In any other state that has not adopted the Interstate Depositions and Discovery Act, depositions for use in a civil action, probate proceeding or administrative appeal within this state shall be taken before a notary public of such state, a commissioner appointed by the governor of this state, any magistrate having power to administer oaths in such state, or a person commissioned by the Superior Court before which such action or proceeding is pending, or when such court is not in session, by any judge thereof. Any person so commissioned shall have the power by virtue of that person’s commission to administer any necessary oaths and to take testimony.
(c) Outside of the United States, depositions for use in a civil action, probate proceeding or administrative appeal within this state shall be taken before a notary public of such country, a commissioner appointed by the governor of this state, any magistrate having power to administer oaths in such country, or a person commissioned by the Superior Court before which such action or proceeding is pending. Additionally, such a deposition may be taken before any foreign minister, secretary of a legation, consul or vice-consul appointed by the United States or any person by him or her appointed for the purpose and having authority under the laws of the country where the deposition is to be taken; and the official character of any such person may be proved by a certificate from the secretary of state of the United States. (P.B. 1978-1997, Sec. 245.)
Amendment History
(Amended June 21, 2004, to take effect Jan. 1, 2005; amended June 24, 2016, to take effect Jan. 1, 2017; amended June 12, 2025, to take effect Jan. 1, 2026.) HISTORY—2026: Prior to 2026, the title to this section read: ‘‘—Persons before Whom Deposition Taken; Subpoenas.’’ Additionally, what had been the second, third and fourth sentences of subsection (a) were deleted. Furthermore, prior to 2026, subsections (b) and (c) read: ‘‘(b) Each judge or clerk of any court, notary public or Commissioner of the Superior Court, in this state, may issue a subpoena, upon request, for the appearance of any witness before an officer authorized to administer oaths within this state to give testimony at a deposition subject to the provisions of Sections 13-2 through 13-5, if the party seeking to take such person’s deposition has complied with the provisions of Sections 13-26 and 13-27. ‘‘(c) A subpoena issued for the taking of a deposition may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents or tangible things which constitute or contain matters within the scope of the examination permitted by Sections 13-2 through 13-5. Unless otherwise ordered by the court or agreed upon in writing by the parties any subpoena issued to a person commanding the production of documents or other tangible thing at a deposition shall not direct compliance within less than fifteen days from the date of service thereof.’’ Additionally, what had been subsections (d) through (g) were deleted.
Rules Committee Commentary
Plain-English Summary
Section 13-28 sets out who can preside over a deposition depending on where it takes place. Within Connecticut, a deposition must be taken before a judge or clerk of any court, a notary public, or a Commissioner of the Superior Court. These officers administer the oath and oversee the proceeding.
For depositions taken in another state for use in a Connecticut case, the rule depends on whether that state has adopted the Interstate Depositions and Discovery Act. If it has, any person that state authorizes to administer oaths may preside. If it has not, the deposition must go before a notary public of that state, a commissioner appointed by Connecticut’s governor, a magistrate empowered to administer oaths there, or a person commissioned by the Superior Court handling the case. For depositions taken outside the United States, the rule allows a foreign notary public, a governor-appointed commissioner, a magistrate with oath-administering authority in that country, a court-commissioned person, or certain U.S. diplomatic and consular officers, with the official’s authority provable by a certificate from the U.S. Secretary of State.
Frequently Asked Questions
Who can administer a deposition in Connecticut?
A judge or clerk of any court, a notary public, or a Commissioner of the Superior Court may preside over a deposition taken within the state.
Can a deposition for a Connecticut case be taken in another state?
Yes. The person authorized to preside depends on whether that state has adopted the Interstate Depositions and Discovery Act; if it has, anyone that state lets administer oaths may serve, and if it has not, the rule requires a notary public, a Connecticut governor-appointed commissioner, a local magistrate, or a court-commissioned person.
What about depositions taken outside the United States?
They may be taken before a notary public of that country, a Connecticut governor-appointed commissioner, a magistrate with oath-administering power there, a court-commissioned person, or a U.S. foreign minister, secretary of a legation, consul, or vice-consul.
How do you prove a foreign official had authority to take the deposition?
The official’s character and authority can be proved by a certificate from the secretary of state of the United States.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 13-28). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: who can administer a deposition Connecticutdeposition officer CTout of state deposition Connecticutforeign deposition officer CTnotary public deposition ConnecticutInterstate Depositions and Discovery Act CT
COMMENTARY—2026: The changes to this section have been made in response to the adoption of the Interstate Depositions and Discovery Act, now codified at General Statutes § 52-655 et seq. Former subsection (a) has been divided into three subsections. Each of them addresses depositions for use in in-state actions. They identify the persons before whom depositions may be taken where (a) the deposition is in this state, (b) the deposition is in another state or territory of the United States, and (c) the deposition is outside the United States. Former subsections (b) through (g) were moved from this section to a new Section 13-28A, which specifically addresses deposition subpoenas.