Rule 28-II.Appointment of Examiner to Take Testimony of a Witness Residing Outside the District of Columbia; Commissions

Group V: Disclosures and Discovery · Last amended 2017 · Last verified July 14, 2026

In one sentenceRule 28-II lets a party in a pending D.C. Superior Court case ask the court to appoint an examiner and issue a commission so a witness who lives outside the District can be deposed, with the other parties given 7 days to oppose the request.

Full Text of Rule 28-II

Text sizeJump to: (a) (b) (c)

(a) APPOINTMENT OF EXAMINER; ISSUING COMMISSION. Any party to a civil action pending in this court may file with the court a motion for appointment of an examiner to take the testimony of any witnesses who reside outside the District of Columbia. If the motion is granted, the court must appoint an examiner to take the testimony of such witnesses as are designated in the order of appointment and must issue a commission to the examiner who will take the testimony in the manner prescribed by these rules.

(b) MOTION REQUIREMENTS. A motion for appointment of an examiner must state:

(1) the name and address of each witness sought to be deposed; and

(2) the reasons why the testimony of such witness is required in the action.

(c) SERVICE OF THE MOTION; OPPOSITIONS. The motion must be served on all other parties to the action who may within 7 days file an opposition to the motion as prescribed by Rule 12.

Comment

The substance of this rule is substantially similar to former Rule 28-I(a) and is derived from D.C. Code § 14-104 (2012 Repl.).

Plain-English Summary

Rule 28-II gives a party a formal route for reaching a witness who lives beyond the District's borders. Any party to a pending civil action may file a motion asking the court to appoint an examiner to take that witness's testimony. If the court grants the motion, it appoints the examiner, designates which witnesses the examiner may depose, and issues a commission authorizing the examiner to take the testimony in the manner these rules otherwise prescribe.

The motion itself has to do real work: Rule 28-II(b) requires it to state the name and address of each witness the movant wants to depose and the reasons that witness's testimony is needed in the case. That gives the other parties, and the court, enough to evaluate whether appointing an examiner is warranted before authorizing testimony to be taken somewhere outside the Superior Court's ordinary reach.

Rule 28-II(c) builds in a check on the request: the motion must be served on all other parties, who then have 7 days to file an opposition under the procedures Rule 12 prescribes for motions generally. That short window keeps the process moving without cutting off the other side's chance to object.

Frequently Asked Questions

How do I depose a witness who lives outside the District of Columbia?

File a motion under Rule 28-II asking the court to appoint an examiner. If the court grants it, the examiner is appointed, and the court issues a commission authorizing the examiner to take the witness's testimony under these rules.

What has to be in my motion for appointment of an examiner?

Rule 28-II(b) requires the motion to state the name and address of each witness you want deposed and the reasons that witness's testimony is required in the action.

Can the other side object to my request for an examiner?

Yes. Rule 28-II(c) requires the motion to be served on all other parties, who may file an opposition following Rule 12's procedures.

How long does the opposing party have to oppose the motion?

7 days from service of the motion, under Rule 28-II(c).

What does the court's commission authorize the examiner to do?

It authorizes the appointed examiner to take the testimony of the designated out-of-district witnesses in the manner these rules prescribe, just as if the deposition were being taken before an officer under Rule 28.

Source & verification. Rule text and official Comments are reproduced verbatim from the District of Columbia Superior Court Rules of Civil Procedure, adopted by the Superior Court of the District of Columbia. Last verified July 14, 2026. · Official source

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