Rule 28.Persons Before Whom Depositions May Be Taken

Rule 28(a) keeps the mechanics of who runs a deposition simple for cases within the United States: the deposition must go before someone authorized to administer oaths under federal law or the law of the place of examination, or before a person the court appoints for that purpose. Wherever Rules 30, 31, and 32 refer to the deposition "officer," that term reaches both a court-appointed person and anyone the parties designate by stipulation under Rule 29(a).

Rule 28(b) covers depositions abroad, where more options exist: under an applicable treaty or convention, under a letter of request (whether or not it is labeled a letter rogatory), on notice before a person authorized to administer oaths under federal or local law, or before someone the court commissions for that purpose. A party can obtain a letter of request or a commission after giving appropriate notice, without first having to show that taking the deposition another way would be impractical. When a treaty or convention prescribes a particular form for the request or notice, that form controls, and a deposition notice or commission must identify the officer by name or descriptive title. Because foreign procedures do not always match American ones, Rule 28(b)(4) protects evidence gathered under a letter of request from being excluded just because it is not a verbatim transcript, was not given under oath, or otherwise departs from how depositions work domestically.

Rule 28(c) disqualifies anyone too close to the case from serving as the officer: a party's relative, employee, or attorney; someone related to or employed by a party's attorney; or anyone with a financial interest in the outcome. That disqualification keeps the person administering the oath and controlling the record neutral, regardless of which side arranged the deposition.