A deposition for use in an action in this state, whether pending, not yet commenced, or pending appeal, may be taken outside this state either (a) on notice pursuant to R. 4:14-2, or, in the case of a foreign country, pursuant to R. 4:12-3; or (b) in accordance with a commission or letter rogatory issued by a court of this state, which shall be applied for by motion on notice; or (c) pursuant to a subpoena issued to the person to be deposed in accordance with R. 4:14-7 and in accordance with the procedures authorized by the foreign state; or (d) in any manner stipulated by the parties. Depositions within the United States taken on notice shall be taken before a person designated by R. 4:12-2. Commissions and letters rogatory shall be issued in accordance with R. 4:12-3. If the deposition is to be taken by stipulation, the person designated by the stipulation shall have the power by virtue of the designation to administer any necessary oath.
Rule 4:11-5.Depositions Outside the State
Last amended September 1, 2014 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:11-5 sets out how a deposition for use in a New Jersey action may be taken outside the state — on notice, by commission or letter rogatory, by subpoena, or by stipulation — and who may preside.
Full Text of Rule 4:11-5
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Adopted July 22, 1983 to be effective September 12, 1983; amended July 26, 1984 to be effective September 10, 1984; amended July 22, 2014 to be effective September 1, 2014.
Plain-English Summary
A New Jersey case may need testimony from a witness in another state or country. This rule lists the ways to take that out-of-state deposition: on notice under the ordinary deposition rule (or, for a foreign country, under Rule 4:12-3); under a commission or letter rogatory the court issues on motion; by subpoena issued to the deponent and consistent with the foreign state’s procedures; or in any manner the parties stipulate.
The rule also fixes who presides. Depositions taken on notice within the United States are taken before a person designated under Rule 4:12-2, commissions and letters rogatory issue under Rule 4:12-3, and where the parties stipulate a presiding person, that person may administer the necessary oath.
Frequently Asked Questions
How do you take a deposition outside New Jersey for a New Jersey case?
By one of four routes under Rule 4:11-5: on notice, by a commission or letter rogatory the court issues on motion, by subpoena to the deponent consistent with the foreign state’s procedures, or in any manner the parties stipulate.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:11-5). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: depositions outside the stateout-of-state depositioncommissionletter rogatory