28.01 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 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. The term “officer” as used in Rules 28, 30, 31, and 32 includes a person appointed by the court or designated by the parties pursuant to Rule 29. A person so appointed has power to administer oaths and take testimony.
Rule 28.Persons Before Whom Depositions May Be Taken
Last amended January 1, 1997 · Last verified July 1, 2026
In one sentenceRule 28 specifies who is legally authorized to preside over and administer oaths at a deposition, whether it happens within the United States or in a foreign country.
Full Text of Rule 28
28.02 In Foreign Countries Depositions may be taken in a foreign country (1) pursuant to any applicable treaty or convention, or (2) pursuant to a letter of request (whether or not captioned a letter rogatory), or (3) on notice before a person authorized to administer oaths in the place where the examination is held, either by the law thereof or by the law of the United States, or (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 a 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.
28.03 Disqualification for Interest No deposition shall be taken before or reported by any 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, or who has a contract with the party, attorney, or person with an interest in the action that affects or has a substantial tendency to affect impartiality.
Advisory Committee Comments
Amendment History
- (Amended effective January 1, 1997.)
Plain-English Summary
A deposition needs someone with legal authority presiding over it — administering the oath and taking down the testimony. Within the United States or its territories, that person has to be someone authorized to administer oaths under federal law or the law of wherever the deposition is happening, or someone the court appoints. That person, referred to elsewhere in the deposition rules as the “officer,” can be a court-appointed person or someone the parties themselves agree on under the rule governing stipulations, and either way, they have the power to administer oaths and take testimony.
Depositions taken in a foreign country follow a different set of options: they can proceed under a treaty or international convention, through a formal letter of request (sometimes called a letter rogatory), before someone locally authorized to administer oaths, or before a person the court specifically commissions for the purpose. A commission or letter of request is issued after an application and notice, on fair terms, and it is not necessary to first show that no other method of taking the deposition would work. Evidence gathered through a letter of request is not automatically excluded because it is not a word-for-word transcript, was not taken under oath, or otherwise departs somewhat from the usual domestic deposition requirements.
Finally, the rule disqualifies certain people from presiding over or reporting a deposition because of a conflict of interest — a relative, employee, or attorney of any party, someone financially interested in the outcome, or anyone whose contract with a party or attorney could affect their impartiality cannot serve in that role.
Frequently Asked Questions
Who is allowed to administer the oath at a deposition taken in Minnesota?
Someone authorized to administer oaths under federal law or the law of the place where the deposition is held, or a person appointed by the court.
Can the parties agree on their own person to preside over a deposition?
Yes, the officer can be someone designated by the parties through a stipulation, in addition to someone the court appoints.
How are depositions taken in a foreign country handled?
They can be taken under an applicable treaty or convention, through a letter of request, before a person locally authorized to administer oaths, or before a person the court commissions for that purpose.
Can a deposition taken abroad be excluded because it was not done exactly like a U.S. deposition?
No, evidence obtained through a letter of request is not excluded merely because it is not a verbatim transcript, was not taken under oath, or otherwise departs from the usual domestic requirements.
Who is disqualified from presiding over a deposition due to a conflict of interest?
A relative, employee, or attorney of any party, anyone financially interested in the case, or anyone with a contract affecting their impartiality is disqualified from taking or reporting the deposition.
Source & verification. The rule text and Advisory Committee Comments are reproduced verbatim from the
official Minnesota Rules of Civil Procedure (Minn. R. Civ. P. 28). Prescribed by the Supreme Court of Minnesota (Minn. Stat. § 480.051). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Advisory Committee Comments--1996 Amendments
This change conforms the rule to its federal counterpart. The committee believes it is especially desirable to have this rule identical to the federal rule because of its subject matter. In addition to the usual factors favoring uniformity, this is a provision governed largely by federal law and which may need to be understood and applied by court reporters, consular or embassy officials, and other non-lawyers. Conformity to the federal rule increases the prospects that the rule will be followed and will not impose significant additional burdens on the litigants.