Rule 28.Persons Before Whom Depositions May Be Taken.

Current through July 1, 2026 · Last verified September 11, 2026

In one sentenceRule 28 says who may take a deposition, at home and abroad, and disqualifies anyone connected to a party or financially interested.

Full Text of Rule 28

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

(a) (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 before an officer authorized to administer oaths by the laws of this State or of the United States or of the place where the examination is held, or before a person appointed by the court in which the action is pending. A person so appointed has power to administer oaths and take testimony. The term “officer” as used in Rules 30, 31, and 32 of these Rules includes a person appointed by the court or designated by the parties under Rule 29 of these Rules.

(b) (b) In foreign countries. Depositions may be taken in a foreign country

(1) (1) pursuant to any applicable treaty or convention, or

(2) (2) pursuant to a letter of request (whether or not captioned a letter rogatory), or

(3) (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) (4) before a person commissioned by the court, and a person so commissioned shall have the power by virtue of the 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 a 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 of request may be addressed "To the Appropriate Authority in [here name the country]." When a letter of request or any other device 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 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 under these Rules.

(c) (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.

End

Amendment History

The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.

Plain-English Summary

Inside the United States and its territories and possessions, a deposition is taken before an officer authorized 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 where the action is pending.

Abroad, four routes are available: under an applicable treaty or convention; on a letter of request, whether or not it is called a letter rogatory; on notice before a person authorized to administer oaths there or under United States law; or before a person commissioned by the court, who gains the power to administer oaths and take testimony from the commission itself. A commission or letter of request issues on application and notice, on just and appropriate terms, and the applicant need not show that taking the deposition another way is impracticable.

The disqualification is categorical. No deposition may be taken before a relative, employee, attorney or counsel of any party, a relative or employee of such an attorney, or anyone financially interested in the action.

Frequently Asked Questions

Who can administer the oath at a Hawaii deposition?

An officer authorized to administer oaths by federal law or by the law of the place of examination, or a person appointed by the court where the action is pending.

How is a deposition taken in another country?

Under a treaty or convention, on a letter of request, on notice before a person authorized to administer oaths there, or before a person commissioned by the court.

Do I have to show that other methods will not work?

No. The rule says it is not requisite to the issuance of a commission or letter of request that taking the deposition another way is impracticable or inconvenient.

Who is disqualified from taking a deposition?

A relative, employee, attorney or counsel of any party, a relative or employee of such an attorney, and anyone financially interested in the action.

Can the parties agree on someone else?

Rule 29 lets the parties stipulate in writing that depositions may be taken before any person, at any time or place, on any notice and in any manner.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 28). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

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