Rule 411.Persons Before Whom Depositions May Be Taken

Part IV. Disclosure, Discovery, and Subpoena · Last amended July 1, 2021 · Last verified September 4, 2026

In one sentenceRule 411 says who may preside over a deposition inside and outside the United States, and disqualifies anyone related to, employed by, or financially interested in a party.

Full Text of Rule 411

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

(a) Within the United States.

(1) In General. Within Idaho, before a person authorized by the laws of this state to administer oaths. Outside Idaho, but 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 the laws of the state of Idaho, 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” includes a person appointed by the court under this rule or designated by the parties by stipulation.

(b) In a Foreign Country.

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

(A) before a secretary of embassy or legation, consul, vice consul, or consular agent of the United States;

(B) before any officer authorized to administer oaths under the laws of the state of Idaho, or of the United States; or

(2) Power of Officer. A person before whom a deposition may be taken by this rule is empowered to administer oaths and take testimony.

(3) Commission. A commission may be issued when necessary and convenient on appropriate terms after an application and notice of it. Officers may be designated in a notice or commission by name or by descriptive title.

(1) In General. The deposition of a member of the armed forces of the United States or of the state of Idaho or any other person subject to military or naval law, or their children or spouse, may be taken before any officer of any component of any branch of the armed forces of the United States or of Idaho.

(2) Certificate of Office. A statement in a certificate of an officer of the armed forces of the United States or of Idaho is prima facie proof that:

(A) the officer holds the office stated in the certificate; and

(B) the deponent is a member of the armed forces or subject to military law or is a spouse or child of such a member.

(d) 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

Rule History

(Adopted March 29, 2021, effective July 1, 2021.)

Plain-English Summary

Rule 411 answers a narrow question with real consequences: who may put a deponent under oath.

Within the United States

Inside Idaho, before a person authorized by Idaho law to administer oaths. Outside Idaho but within the United States or a subject territory, before an officer authorized to administer oaths by Idaho law, federal law, or the law of the place of examination, or before a person the court appoints. The term "officer" includes a person appointed by the court or designated by the parties by stipulation.

In a foreign country

Before a secretary of embassy or legation, consul, vice consul, or consular agent of the United States; before any officer authorized to administer oaths under Idaho or federal law; or before a person the court appoints. Anyone so authorized is empowered to administer oaths and take testimony. A commission may issue when necessary and convenient, after application and notice, designating officers by name or descriptive title.

Members of the armed forces

Section (c) is unusual and practical. The deposition of a member of the armed forces of the United States or of Idaho, or any person subject to military or naval law — or their children or spouse — may be taken before any officer of any component of any branch of those forces.

And a statement in such an officer's certificate is prima facie proof both that the officer holds the stated office and that the deponent is a member of the armed forces, subject to military law, or a spouse or child of such a member. A deploying family need not find a notary.

Disqualification

A deposition must not be taken before any party's relative, employee or attorney; anyone related to or employed by a party's attorney; or anyone financially interested in the action.

The list is categorical. No showing of actual bias is required to disqualify, and none excuses it. Rule 415(d)(2) supplies the timing: an objection based on the officer's disqualification is waived unless made before the deposition begins, or promptly after the basis becomes known or could have been known with reasonable diligence.

Frequently Asked Questions

Who can administer the oath at a deposition?

Rule 411(a)(1) allows a person authorized by Idaho law within Idaho, and outside Idaho an officer authorized by Idaho law, federal law, or the law of the place of examination, or a person appointed by the court.

Can my paralegal or a relative take the deposition?

No. Rule 411(d) disqualifies any party's relative, employee or attorney, anyone related to or employed by a party's attorney, and anyone financially interested in the action.

How is a service member deposed?

Rule 411(c)(1) allows the deposition of a member of the armed forces of the United States or of Idaho, or of their children or spouse, to be taken before any officer of any component of any branch of those armed forces.

How is a deposition taken in another country?

Rule 411(b)(1) allows it before a secretary of embassy or legation, consul, vice consul or consular agent of the United States, before any officer authorized to administer oaths under Idaho or federal law, or before a person appointed by the court.

When must I object to the person taking the deposition?

Rule 415(d)(2) waives an objection based on disqualification of the officer unless made before the deposition begins or promptly after the basis becomes known or could have been known with reasonable diligence.

Source & verification. Rule text and Rule History reproduced verbatim from the Idaho Rules of Family Law Procedure as published by the Idaho Supreme Court, current through amendments effective July 1, 2026. Promulgated by the Supreme Court of Idaho (Idaho Const. art. V, sec. 25). Last verified September 4, 2026. · Official text

Also known as: deposition officerwho may take a depositiondisqualificationforeign depositionarmed forcescommissionadministering the oath