(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 before an officer authorized to administer oaths by the laws of the United States, or of the state of Indiana, or of the place where the exam- ination 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.
Rule 28.Persons before whom depositions may be taken; discovery across state lines; before administrative agencies; and after judgment
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceTrial Rule 28 says who can administer oaths and preside over a deposition, in Indiana, elsewhere in the country, or abroad, and extends the same discovery tools to interstate cases, administrative hearings, and proceedings to enforce or challenge a judgment after it’s entered.
Full Text of Rule 28
(B) In foreign countries. In a foreign country, depositions may be taken:
(1) 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
(2) before a person commissioned by the court, and a person so commissioned shall have the power by virtue of his commission to administer any necessary oath and take testi- mony; or
(3) pursuant to a letter rogatory. A commission or a letter rogatory 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 rog- atory that the taking of the deposition in any other manner is impracticable or inconvenient; and both a commission and a letter rogatory may be issued in proper cases. A notice or com- mission may designate the person before whom the deposition is to be taken either by name or descriptive title. A letter rogatory may be addressed “To the Appropriate Authority in (here name the country)”. Evidence obtained in response to a letter rogatory need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within the United States under these rules.
(C) Disqualification for interest. Unless otherwise permitted by these rules, 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) Scope of discovery outside state--Protective and enforcement orders. A deposition may be taken outside the state as provided in subdivisions (A) and (B) of this rule, and the deponent may be requested to produce documents and things, and may also be requested to allow inspections and copies as provided in Rule 34 to submit to examination under Rule 35. Protective orders may be granted by the court in which the action is pending and by the court where discovery is being made. Enforcement orders may be made by the court where the discovery is sought, and enforcement orders and sanctions may be made by the court where the action is pending as against parties and as against witnesses subject to the jurisdiction of the court. When no action is pending, a court of this state may authorize a deposition to be taken outside this state of any person and upon any matters allowed by Rule 27.
(E) Assistance to tribunals and litigants outside this state. A court of this state may order a person who is domiciled or is found within this state to give his testimony or statement or to produce documents or other things, allow inspections and copies and permit physical and mental examinations for use in a proceeding in a tribunal out- side this state. The order may be made upon the application of any interested person or in response to a letter rogatory and may prescribe the practice and procedure, which may be wholly or in part the practice and procedure of the tribunal outside this state, for taking the testimony or statement or producing the documents or other things. To the extent that the order does not prescribe otherwise, the practice and procedure shall be in accordance with that of the court of this state issuing the order. The order may direct that the testimony or statement be given, or document or other thing produced, before a person appointed by the court. The person appointed shall have power to administer any necessary oath. A person within this state may voluntarily give his testimony or statement or produce documents or other things allowing inspections and copies and permit physical and mental examinations for use in a proceeding before a tribunal outside this state.
(F) Discovery proceedings before administrative agencies. Whenever an adjudicatory hearing, including any hearing in any proceeding subject to judicial review, is held by or before an administrative agency, any party to that adjudicatory hearing shall be entitled to use the discovery provisions of Rules 26 through 37 of the Indiana Rules of Trial Procedure. Such discovery may include any relevant matter in the custody and control of the administrative agency. Protective and other orders shall be obtained first from the administrative agency, and if enforcement of such orders or right of discovery is necessary, it may be obtained in a court of general jurisdiction in the county where discovery is being made or sought, or where the hear- ing is being held.
(G) Applicability of other laws. This rule does not repeal or modify any other law of this state permitting another procedure for obtaining discovery for use in this state or in a tribunal outside this state, except as expressly provided in these rules.
(H) Discovery after judgment. Discovery after judgment may be had in proceedings to enforce or to challenge the judg- ment.
Amendment History
This rule’s current text took effect January 31, 1976. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Rule 28 answers a question the other discovery rules assume is already settled: who is allowed to run a deposition? Within the United States, subsection (A) says it has to be someone authorized to administer oaths — under federal law, Indiana law, or the law of wherever the deposition happens — or a person the court appoints for that purpose. In a foreign country, subsection (B) opens up three paths: proceeding on notice before someone locally authorized to administer oaths, proceeding before a person the court commissions specifically for the deposition, or proceeding through a letter rogatory, a formal request to a foreign authority for assistance. None of these three requires showing that the other two would be impractical, and evidence gathered through a letter rogatory doesn’t get thrown out just because it wasn’t taken verbatim or under oath the way an Indiana deposition would be.
Subsection (C) disqualifies certain people from presiding over a deposition at all: a relative, employee, attorney, or counsel of any party, anyone related to or employed by that attorney or counsel, and anyone with a financial stake in the case. That disqualification can be set aside if the rules otherwise allow it — most often through a written stipulation among the parties agreeing to use a particular person anyway.
Subsections (D) and (E) address discovery that crosses state lines, in both directions. Under (D), a party can take a deposition outside Indiana and, while doing so, also request documents, inspections, or a physical or mental examination — with protective orders available from either the court handling the case or the court where the discovery is happening, and enforcement orders coming from whichever court has jurisdiction over the discovery or the parties. Even before any case is filed, an Indiana court can authorize an out-of-state deposition under the same standard that governs preserving testimony before a lawsuit begins. Under (E), the traffic runs the other way: an Indiana court can order someone who lives in or is found within the state to give testimony, produce documents, or submit to an examination for use in a case pending somewhere else, whether through a court order or because the person agrees to cooperate voluntarily.
Subsection (F) carries Indiana’s discovery machinery into administrative proceedings — any party to an adjudicatory hearing before an administrative agency, including one subject to later judicial review, can use the same discovery tools available in a civil case, reaching relevant material the agency has in its custody or control. Protective orders come from the agency first; only when enforcement becomes necessary does the dispute move to a court of general jurisdiction. Subsection (G) makes clear this rule doesn’t override any other Indiana law that provides its own way to get discovery. And subsection (H) confirms that discovery doesn’t end when a case does — it remains available in proceedings brought to enforce a judgment or to challenge one. Taken together, subsections (D) through (H) do more than the rule’s title suggests: this single rule handles interstate discovery mechanics, assistance to out-of-state tribunals, administrative-agency discovery, and post-judgment discovery all in one place, rather than scattering them across separate provisions.
Frequently Asked Questions
Who is allowed to preside over a deposition in Indiana?
Anyone authorized to administer oaths under federal law, Indiana law, or the law of the place where the deposition is happening, or a person the court appoints for that purpose. That person also has the power to administer the oath and take down the testimony. Rule 28(C) disqualifies certain people from serving in that role, though — a relative, employee, attorney, or counsel of a party, someone connected to that attorney, or anyone with a financial interest in the case.
How do I take a deposition of someone in a foreign country?
Rule 28(B) gives you three options: proceed on notice before a person locally authorized to administer oaths, proceed before a person the court commissions specifically for the deposition, or use a letter rogatory — a formal request asking a foreign authority for assistance. You don’t have to show that the other two methods would be impractical before choosing one, and courts won’t exclude evidence gathered through a letter rogatory just because it doesn’t look exactly like a deposition taken here.
Can the person taking my deposition be disqualified, and can the parties waive that?
Yes to both. Rule 28(C) disqualifies a relative, employee, attorney, or counsel of any party — or anyone connected to that attorney or financially interested in the case — from presiding over a deposition. But the parties can set that disqualification aside, most commonly by stipulating in writing to use a particular person anyway. An objection to disqualification generally has to be raised as soon as it’s known, or it can be treated as waived.
Can I get discovery in connection with an administrative agency hearing?
Yes, if the hearing is adjudicatory — including one that’s later subject to judicial review. Rule 28(F) lets any party to that hearing use the same discovery tools available in a regular civil case, reaching relevant material the agency has in its custody or control. You go to the agency first for a protective order or other discovery relief; a court only gets involved if enforcement of a discovery order or right becomes necessary.
Does discovery stop once I get a judgment?
No. Rule 28(H) keeps discovery available after judgment, in proceedings brought either to enforce that judgment or to challenge it. That covers situations like tracking down a debtor’s assets to collect on a judgment, or gathering evidence to support a later motion attacking the judgment itself.
What happens if I need to depose a witness who lives in another state?
Rule 28(D) lets you take that deposition outside Indiana under the same rules that govern who can preside over it, and you can combine it with a request for documents, an inspection, or an examination while you’re at it. Protective orders are available from either the court handling your case or the court where the deposition is happening, and enforcement runs through whichever court has jurisdiction over the discovery or the people involved.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 28). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. ·
Official source
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