(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 a person authorized to administer oaths by the laws of this State, 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. A person so appointed has power to administer oaths and take testimony.
Rule 28.Persons before whom depositions may be taken.
Last amended 2011 · Last verified July 3, 2026
In one sentenceRule 28 says who may administer the oath and record a deposition — an officer authorized under state, federal, or local law within the United States, or, abroad, someone authorized under a treaty, letter of request, local law, or court commission — disqualifies anyone with a financial or family interest in the case, and sets special rules for depositions meant for use in a foreign proceeding.
Full Text of Rule 28
(b) In foreign countries. – Depositions may be taken in a foreign country:
(1) Pursuant to any applicable treaty or convention;
(2) Pursuant to a letter of request, whether or not captioned a letter rogatory;
(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 his 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 the testimony was not taken under oath, or any similar departure from the requirements for depositions taken within the United States under these rules.
(c) Disqualification for interest. – Unless the parties agree otherwise by stipulation as provided in Rule 29, no deposition shall be taken before a person who is any of the following:
(1) A relative, employee, or attorney of any of the parties;
(2) A relative or employee of an attorney of the parties;
(3) Financially interested in the action; or
(4) An independent contractor if the contractor or the contractor's principal is under a blanket contract for the court reporting services with an attorney of the parties, party to the action, or party having a financial interest in the action. Notwithstanding the disqualification under this rule, the party desiring to take the deposition under a stipulation shall disclose the disqualification in writing in a Rule 30(b) notice of deposition and shall inform all parties to the litigation on the record of the existence of the disqualification under this rule and of the proposed stipulation waiving the disqualification. Any party opposing the proposed stipulation as provided in the notice of deposition shall give timely written notice of his or her opposition to all parties. For the purposes of this rule, a blanket contract means a contract to perform court reporting services over a fixed period of time or an indefinite period of time, rather than on a case by case basis, or any other contractual arrangement which compels, guarantees, regulates, or controls the use of particular court reporting services in future cases. Notwithstanding any other provision of law, a person is prohibited from taking a deposition under any contractual agreement that requires transmission of the original transcript without the transcript having been certified as provided in Rule 30(f) by the person before whom the deposition was taken. Notwithstanding the provisions of this subsection, a person otherwise disqualified from taking a deposition under this subsection may take a deposition provided that the deposition is taken by videotape in compliance with Rule 30(b)(4) and Rule 30(f), and the notice for the taking of the deposition states the name of the person before whom the deposition will be taken and that person's relationship, if any, to a party or a party's attorney, provided that the deposition is also recorded by stenographic means by a nondisqualified person.
(d) Depositions to be used in foreign countries.
(1) A person desiring to take depositions in this State to be used in proceedings pending in the courts of any other country may present to a judge of the superior or district court a commission, order, notice, consent, or other authority under which the deposition is to be taken, whereupon it shall be the duty of the judge to issue the necessary subpoenas pursuant to Rule 45. Orders of the character provided in Rules 30(b), 30(d), and 45(b) may be made upon proper application therefor by the person to whom such subpoena is directed. Failure by any person
without adequate excuse to obey a subpoena served upon him pursuant to this rule may be deemed a contempt of the court from which the subpoena issued.
(2) The commissioner herein provided for shall not proceed to act under and by virtue of his appointment until the party seeking to obtain such deposition has deposited with him a sufficient sum of money to cover all costs and charges incident to the taking of the deposition, including such witness fees as are allowed to witnesses in this State for attendance upon the superior court. From such deposit the commissioner shall retain whatever amount may be due him for services, pay the witness fees and other costs that may have been incurred by reason of taking such deposition, and if any balance remains in his hands, he shall pay the same to the party by whom it was advanced.
Amendment History
(1967, c. 954, s. 1; 1975, c. 762, s. 2; 1995, c. 389, s. 4; 1999-264, s. 1; 2001-379, s. 4; 2011-247, s. 2.)
Plain-English Summary
Rule 28(a) allows a deposition taken within the United States to proceed before anyone authorized to administer oaths under North Carolina law, federal law, or the law of the place where the examination happens, or before a person the court itself appoints. Rule 28(b) covers depositions abroad: they may be taken under an applicable treaty or convention, under a letter of request whether or not it is styled a letter rogatory, on notice before someone authorized to administer oaths where the examination is held, or before a person the court commissions, who has the power to administer oaths and take testimony as the commission directs.
Rule 28(c) disqualifies, unless the parties stipulate otherwise, anyone who is a relative, employee, or attorney of a party, a relative or employee of a party’s attorney, financially interested in the outcome, or an interested independent contractor from serving as the deposition officer — removing any appearance that the person recording the testimony has a stake in the case. Rule 28(d) lets someone taking a deposition in North Carolina for use in a foreign proceeding compel a witness’s attendance in much the same way as for a deposition in a pending North Carolina action.
Frequently Asked Questions
Who is allowed to administer the oath at a North Carolina deposition?
Anyone authorized to administer oaths under North Carolina law, federal law, or the law of the place of examination, or a person the court appoints — in practice, most often a notary public.
Can a party’s relative or employee serve as the deposition officer?
No, not unless the parties stipulate otherwise. Rule 28(c) disqualifies anyone who is a relative, employee, or attorney of a party or a party’s attorney, or who is financially interested in the outcome.
How are depositions taken in North Carolina for use in a foreign lawsuit?
Rule 28(d) lets the person taking the deposition compel a witness’s attendance in much the same way as for a deposition in a pending North Carolina action.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 28). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: deposition officer qualificationsnotary public depositiondisqualification of deposition officerletter rogatoryforeign depositionsletter of request deposition