Rule 28.Persons Before Whom Depositions May Be Taken
Group V: Depositions and Discovery · Last amended March 1, 2011 · Last verified July 15, 2026
In one sentenceRule 28 sets out who may administer the oath and take a deposition — an authorized officer, a court-appointed person, or someone acting under a letter of request or commission for depositions abroad — and disqualifies anyone who is a party's relative, employee, or attorney, or who has a financial stake in the case.
(1)In general. Within the United States or a territory or insular possession subject to United States jurisdiction, a deposition must be taken before:
(A)an officer authorized to administer oaths either by North Dakota or federal law or by the law in the place of examination;
(B)a person appointed by the court where the action is pending to administer oaths and take testimony; or
(C)a person commissioned by the court or under a letter of request under subdivisions (b) and (c).
(2)Definition of "officer." The term "officer" as used in Rules 30, 31, and 32 includes a person appointed by the court under this rule or designated by the parties under Rule 29.
(b)In foreign countries. A deposition may be taken in a foreign country:
(1)under an applicable treaty or convention;
(2)under a letter of request, whether or not captioned a "letter rogatory"; or
(3)on notice, before a person authorized to administer oaths either by North Dakota or federal law or by the law in the place of examination; or
(4)before a person commissioned by the court to administer any necessary oath and take testimony.
(1)In general. A letter of request, a commission, or both may be issued:
(A)on appropriate terms after an application and notice of it; and
(B)without a showing that taking the deposition in another manner is impracticable or inconvenient.
(2)Form of request, notice, or commission. When a letter of request or any other device is used according to a treaty or convention, it must be captioned in the form prescribed by that treaty or convention. A letter of request may be addressed "To the Appropriate Authority in [name of state or country]." A deposition notice or a commission must designate by name or descriptive title the person before whom the deposition is to be taken.
(3)Letter of request - Admitting evidence. 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 under these rules.
(d)Disqualification. A deposition must not be taken before a person who is any party's relative, employee, or attorney; who is related to or employed by any party's attorney; or who is financially interested in the action.
Explanatory Note
Rule 28 was amended, effective March 1, 1990; March 1, 1996; March 1, 2011. Rule 28 is derived from Fed.R.Civ.P. 28. Rule 28 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. Subdivision (b) was amended, effective March 1, 1990. The amendment is technical in nature and no substantive change is intended. Subdivisions (b) and (c) were amended, effective March 1, 1996, to follow the 1993 federal amendment. A substantive change is not intended by the switch in terminology from "letter rogatory" to "letter of request."
Plain-English Summary
Rule 28(a) covers depositions taken within the United States or its territories: they must be taken before an officer authorized to administer oaths by North Dakota law, federal law, or the law of the place of examination; a person the court appoints to administer oaths and take testimony; or a person commissioned by the court or acting under a letter of request. The rule also defines a term used elsewhere — “officer,” as used in Rules 30, 31, and 32, includes anyone appointed by the court under Rule 28 or designated by the parties under Rule 29's stipulation procedure.
Rule 28(b) extends the rule to depositions taken in foreign countries, which may proceed under an applicable treaty or convention, under a letter of request whether or not it is called a “letter rogatory,” on notice before a person authorized to administer oaths under North Dakota or federal law or the law of the place of examination, or before a person the court commissions to administer the oath and take testimony. Rule 28(c) covers the mechanics of letters of request and commissions: they can issue on appropriate terms after an application and notice, without any need to show that taking the deposition another way would be impractical or inconvenient, and they must follow the form a governing treaty or convention prescribes, or otherwise designate the officer by name or title. The rule also relaxes the evidentiary bar for letter-of-request depositions — evidence obtained that way is not excluded merely because it is not a verbatim transcript, was not taken under oath, or otherwise departs from the usual requirements for depositions taken under these rules.
Rule 28(d) disqualifies certain people from serving as the officer at a deposition altogether: a party's relative, employee, or attorney; someone related to or employed by a party's attorney; or anyone with a financial interest in the action. This keeps the person administering the oath and recording the testimony independent of the parties' own interests in the outcome.
Frequently Asked Questions
Who is qualified to take a deposition in North Dakota?
Rule 28(a) allows a deposition to be taken before an officer authorized to administer oaths under North Dakota or federal law or the law of the place of examination, a person the court appoints for that purpose, or a person commissioned by the court or acting under a letter of request.
Can a party's own lawyer serve as the officer at a deposition?
No. Rule 28(d) disqualifies anyone who is a party's relative, employee, or attorney, or who is related to or employed by a party's attorney, or who has a financial interest in the action from serving as the deposition officer.
How is a deposition taken in a foreign country?
Rule 28(b) allows it under an applicable treaty or convention, under a letter of request, on notice before a person authorized to administer oaths in the place of examination or under North Dakota or federal law, or before a person the court commissions for that purpose.
Do I have to show that taking a deposition another way would be impractical before I can get a letter of request?
No. Rule 28(c)(1) specifically allows a letter of request or commission to issue on appropriate terms after application and notice, without any showing that taking the deposition in another manner would be impracticable or inconvenient.
Is foreign deposition testimony thrown out if it wasn't taken under oath or word-for-word?
Not necessarily. Rule 28(c)(3) states that evidence obtained through a letter of request need not be excluded merely because it isn't a verbatim transcript, wasn't taken under oath, or otherwise departs from the usual deposition requirements.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
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