Rule 28.Persons before whom depositions may be taken
Ch. V: Depositions and Discovery · Last amended 1996 · Current through June 1, 2026 · Last verified September 9, 2026
In one sentenceRule 28 says who may take a deposition — an authorised officer at home, a treaty or letter of request abroad — and disqualifies anyone with a stake in the case.
(a)Within the United States. Within the United States or within a territory or insular possession subject to the jurisdiction of the United States, depositions shall be taken (1) before an officer authorized to administer oaths by the laws of the place where the examination is held, or (2) before a person appointed by the Court in which the action is pending. The term “officer” as used in Rules 30, 31 and 32 includes a person appointed by the Court or designated by the parties under Rule 29.
(b)In Foreign Countries. In a foreign country, depositions may be taken (1) pursuant to an applicable treaty or convention, or (2) pursuant to a letter of request (whether or not captioned a letter rogatory), or (3) on notice before a person authorized to administer oaths in the place in which the examination is held, either by the law thereof or by the law of the United States, or (4) before a person commissioned by the Court, and a person so commissioned shall have the power by virtue of that commission to administer any necessary oath and take testimony. A commission or a letter of request shall be issued on application and notice and on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter of request that the taking of the deposition in any other manner is impracticable or inconvenient; and both a commission and letter of request may be issued in proper cases. A notice or commission may designate the person before whom the deposition is to be taken either by name or descriptive title. A letter request may be addressed “To the Appropriate Authority in (here name the country).” When a letter of request or any other devise is used pursuant to any applicable treaty or convention, it shall be captioned in the form prescribed by that treaty or convention. Evidence obtained in response to a letter of request need not be excluded merely because it is not a verbatim transcript because 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)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 a relative or employee of such attorney or counsel, or is financially interested in the action.
(d)Designation of Officers. The officers referred to in paragraphs (a) and (b) hereof may be designated in notices or commission either by name or descriptive title and letters of request may be addressed “To the Appropriate Judicial Authority in (here name the state or country).”
End
Amendment History
Delaware prints each rule’s amendment history as a single “Credits” line naming every order that adopted or amended it. It is reproduced verbatim below.
[Amended effective September 3, 1996.]
Plain-English Summary
In the United States. Depositions are taken before an officer authorised to administer oaths by federal law or by the law of the place where the examination is held, or before a person appointed by the court in which the action is pending.
Abroad. By treaty or convention, or by letter of request, or before a person commissioned by the court. A commission and a letter of request may both be issued in proper cases, and the officer may be designated by name or by descriptive title. A letter of request may be addressed simply to the appropriate authority of the foreign country — evidence taken abroad is not excluded merely because it was taken in a way that differs from Delaware practice.
Disqualification. No deposition may be taken before a person who is a relative, employee, attorney or counsel of any party, or a relative or employee of such attorney or counsel, or who is financially interested in the action. The person writing down the testimony has to have no stake in what it says.
Frequently Asked Questions
Who can take a deposition in a Delaware Family Court case?
An officer authorised to administer oaths by federal law or by the law of the place of examination, or a person appointed by the court.
How are depositions taken in another country?
Pursuant to a treaty or convention, a letter of request, or before a person commissioned by the court. Both a commission and a letter of request may issue in proper cases.
Can my lawyer's assistant take the deposition?
No. A deposition may not be taken before a relative, employee, attorney or counsel of any party, a relative or employee of such attorney, or anyone financially interested in the action.
Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 28), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. ·
Official source
Also known as:who can take a deposition Delawaredeposition abroad letter of requestFam. Ct. Civ. R. 28