Rule 28.Persons Before Whom Depositions May Be Taken

Last amended December 1, 2007 · Last verified June 30, 2026

In one sentenceRule 28 specifies who may take a deposition: within the United States, an officer authorized to administer oaths; in a foreign country, under a treaty, a letter of request, or before a commissioned or designated official — and never before anyone financially interested in the case.

Full Text of Rule 28

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

(a) Within the United States.

(1) In General. Within the United States or a territory or insular possession subject to United States jurisdiction, a deposition must be taken before:

(A) an officer authorized to administer oaths either by federal law or by the law in the place of examination; or

(B) a person appointed by the court where the action is pending to administer oaths and take testimony.

(2) Definition of “Officer.” The term “officer” in Rules 30, 31, and 32 includes a person appointed by the court under this rule or designated by the parties under Rule 29(a).

(b) In a Foreign Country.

(1) In General. A deposition may be taken in a foreign country:

(A) under an applicable treaty or convention;

(B) under a letter of request, whether or not captioned a “letter rogatory”;

(C) on notice, before a person authorized to administer oaths either by federal law or by the law in the place of examination; or

(D) before a person commissioned by the court to administer any necessary oath and take testimony.

(2) Issuing a Letter of Request or a Commission. A letter of request, a commission, or both may be issued:

(A) on appropriate terms after an application and notice of it; and

(B) without a showing that taking the deposition in another manner is impracticable or inconvenient.

(3) Form of a Request, Notice, or Commission. When a letter of request or any other device is used according to a treaty or convention, it must be captioned in the form prescribed by that treaty or convention. A letter of request may be addressed “To the Appropriate Authority in [name of country].” A deposition notice or a commission must designate by name or descriptive title the person before whom the deposition is to be taken.

(4) Letter of Request—Admitting Evidence. Evidence obtained in response to a letter of request need not be excluded merely because it is not a verbatim transcript, because the testimony was not taken under oath, or because of any similar departure from the requirements for depositions taken within the United States.

(c) Disqualification. A deposition must not be taken before a person who is any party's relative, employee, or attorney; who is related to or employed by any party's attorney; or who is financially interested in the action.

End

Amendment History

(Amended December 27, 1946, effective March 19, 1948; January 21, 1963, effective July 1, 1963; April 29, 1980, effective August 1, 1980; March 2, 1987, effective August 1, 1987; April 22, 1993, effective December 1, 1993; April 30, 2007, effective December 1, 2007.)

Plain-English Summary

A deposition has to be taken before someone neutral and authorized to put the witness under oath. Within the United States, Rule 28 allows depositions before an officer authorized to administer oaths — by federal law or by the law of the place of the deposition — or before a person the court appoints.

For depositions abroad, the rule offers several routes: under an applicable treaty or convention; under a letter of request (sometimes called a letter rogatory); before a person commissioned by the court; or before a designated official authorized to administer oaths in the foreign country. To keep the process fair, the rule disqualifies anyone who is a relative, employee, or attorney of a party, or otherwise financially interested in the action, from serving as the deposition officer.

Frequently Asked Questions

Who can take a deposition in the United States?

An officer authorized to administer oaths under federal law or the law where the deposition is taken, or a person the court appoints (Rule 28(a)).

How are depositions taken in a foreign country?

Under an applicable treaty, a letter of request, a court-issued commission, or before a designated official authorized to administer oaths in that country (Rule 28(b)).

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 28), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 28Fed. R. Civ. P. 28who can take a depositionforeign depositionsletter of requestletters rogatory