Rule 205.Persons Before Whom Depositions May Be Taken
Article II. Rules on Civil Proceedings in the Trial Court · Part E. Discovery, Requests for Admission, and Pretrial Procedure · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRule 205 says who is qualified to administer the oath and take testimony at a deposition, in the United States and abroad, and bars anyone with a stake in the case from doing it.
(a)Within the United States. Within the United States or within a territory or insular
possession subject to the dominion of the United States, depositions shall be taken (1) 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 (2) before a person appointed by the court. The officer or person is empowered to administer oaths and take testimony. Whenever the term “officer” is used in these rules, it includes a person appointed by the court unless the context indicates otherwise.
(b)In Foreign Countries. In a foreign state or country depositions shall be taken (1) before a secretary of embassy, consul general, consul, vice-consul, or consular agent of the United States, or any officer authorized to administer oaths under the laws of this State, or the United States, or of the place where the examination is held, or (2) before a person appointed by the court. The officer or person is empowered to administer oaths and take testimony.
(c)Issuance of Commissions and Letters Rogatory. A commission, dedimus potestatem, or letter rogatory is not required but if desired shall be issued by the clerk without notice. An officer may be designated in a commission either by name or descriptive title and a letter rogatory may be addressed “To the Appropriate Authority in (here name the country).”
(d)Disqualification for Interest. No deposition shall be taken before a person who is a relative of or attorney for any of the parties, a relative of the attorney, or financially interested in the action.
Plain-English Summary
Depositions taken in the United States must go before someone authorized to give oaths — a notary or similar officer — or a person the court appoints. Abroad, the same idea applies through consular officers or a court-appointed person.
Commissions and letters rogatory — formal requests asking a foreign authority to assist with the deposition — aren't required, but the clerk will issue one without a hearing if a party wants one, useful when a foreign jurisdiction expects that kind of documentation.
Rule 205 also disqualifies anyone with too close a connection to the case from presiding: relatives of the parties or their attorneys, the attorneys themselves, and anyone with a financial stake in the outcome can't administer the oath or run the deposition.
Frequently Asked Questions
Who can swear in a witness for a deposition inside the United States?
Someone authorized to administer oaths under Illinois or federal law, or a person the court appoints.
What about depositions taken in another country?
A U.S. consular officer or someone authorized to administer oaths where the deposition happens, or a court-appointed person.
Is a commission or letter rogatory required to take a deposition abroad?
No, but a party can request one, and the clerk issues it without a hearing.
Can a party's own attorney preside over a deposition?
No — Rule 205 disqualifies attorneys for any party, their relatives, and anyone financially interested in the case.
What does a letter rogatory do?
It formally asks a foreign authority to help arrange or conduct the deposition in that country.
Committee Comments
Paragraphs (a) and (b) Paragraphs (a) and (b) of this rule are derived from former Rule 19-2(1), (2) and (3) with minor language changes, but no changes of substance.
Paragraph (c) Paragraph (c) is derived from former Rule 19-2(4). The reference to letters rogatory was added because, though requests for them may be rare in State practice, there may be occasional situations in which they are required. See N.Y. Civ. Prac. L. & R. §3113(a)(3) and Rule 28(b) of the Federal Rules of Civil Procedure.
Paragraph (d) Paragraph (d) is former Rule 19-2(5) with minor language changes.
Source & verification. Rule text, official Committee Comments, and
amendment history are reproduced verbatim from the Illinois Supreme Court Rules,
promulgated by the Supreme Court of Illinois. Last verified July 20, 2026.
· Official source
Also known as:who can take a depositiondeposition officerletters rogatoryforeign depositiondisqualified deposition officer