(a) In this State. — In this State, a deposition shall be taken before any person authorized to administer an oath.
Rule 2-414.Deposition — Officer before whom taken
Circuit Court · Last amended January 1, 2004 · Last verified July 13, 2026
In one sentenceRule 2-414 sets out who is qualified to serve as the officer who administers the oath and takes testimony at a deposition, whether it happens in Maryland, another state, or a foreign country.
Full Text of Rule 2-414
(b) In other states. — In any other state of the United States or in a territory, district, or possession of the United States, a deposition shall be taken before any person authorized to administer an oath by the laws of the United States or by the laws of the place where the deposition is taken or before any person appointed by the court in which the action is pending. The person appointed has the power to administer an oath and take testimony.
(c) In foreign countries. — In a foreign country, a deposition may be taken (1) on notice before any person authorized to administer an oath in the place in which the deposition is taken, either by the laws of that place or by the laws of the United States, or (2) before any person commissioned by the court, which person has the power by virtue of the commission to administer an oath and take testimony, or (3) pursuant to a letter rogatory. A commission or a letter rogatory shall be issued on motion and notice and on terms that are just and appropriate. It is not necessary to the issuance of a commission or a letter rogatory 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 commission 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.
(d) Disqualification for interest. — A deposition shall not be taken before a person who is a relative or employee or attorney of a party, or is a relative or employee of an attorney of a party, or is financially interested in the action.
(e) Objections. — Any objection to the taking of a deposition because of the disqualification of the officer is waived unless made before the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.
Amendment History
Amended Nov. 12, 2003, effective Jan. 1, 2004.
Committee Note & Source
Source. This Rule is derived as follows:
Section (a) is derived from former Rule 403 a.
Section (b) is derived from former Rule 403 b.
Section (c) is derived from the 1980 version of Fed. R. Civ. P. 28 (b) and former Rule 403 c.
Section (d) is derived from former Rule 403 d and the 1980 version of Fed. R. Civ. P. 28 (c).
Section (e) is derived from former Rule 412 b.
Plain-English Summary
Every deposition needs someone with legal authority to swear in the witness. Rule 2-414 answers that question differently depending on where the deposition takes place. Inside Maryland, any person authorized to administer an oath can serve as the officer. Outside Maryland but within the United States, the officer can be anyone authorized to give oaths under federal law or the law of the place where the deposition happens, or a person the court appoints for that purpose. In a foreign country, the parties have three options: proceed before a person authorized to give oaths in that country, use a person the court commissions for the job, or route the deposition through a letter rogatory, a formal request to a foreign judicial authority. Parties don't have to show that other methods were unavailable before choosing a commission or letter rogatory, and both can be issued together if that makes sense for the case.
The rule also protects the deposition from bias. Nobody may serve as the officer if they are a relative, employee, or attorney of a party, or a relative or employee of a party's attorney, or if they have a financial stake in the outcome of the case. But this safeguard has a deadline attached: an objection to a disqualified officer is waived unless raised before the deposition starts, or as soon after as the problem becomes known or reasonably could have been discovered.
Frequently Asked Questions
Who can administer the oath at a deposition taken in Maryland?
Anyone legally authorized to administer an oath, most commonly a court reporter who is also a notary public.
What if a Maryland case requires a deposition of a witness in another state?
The officer can be anyone authorized to administer oaths under the law of the state where the deposition takes place or under federal law, or a person the court specially appoints for the deposition.
What is a letter rogatory?
A letter rogatory is a formal written request asking a foreign judicial authority to take testimony on the court's behalf. Rule 2-414 lets parties use one to take a deposition abroad, and it can be addressed generally to the appropriate authority in the named country.
Can a party's relative or employee serve as the deposition officer?
No. Rule 2-414 disqualifies anyone who is a relative, employee, or attorney of a party, a relative or employee of a party's attorney, or anyone financially interested in the case.
What happens if you don't object right away to a disqualified officer?
The objection is waived. It has to be raised before the deposition begins, or as soon afterward as the disqualification is discovered or reasonably should have been discovered.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
Also known as: who can administer oath at depositiondeposition officer requirements marylandout of state deposition officerletter rogatory depositiondisqualified deposition officer