Outside this State but 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.
Rule 4:12-2.Without the state but within the United States
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:12-2 provides that a deposition taken outside New Jersey but within the United States is taken before a person authorized to administer oaths by New Jersey law, federal law, or the law of the place of the examination.
Full Text of Rule 4:12-2
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.
Source-R.R. 4:18-2.
Plain-English Summary
When a deposition happens in another state, the presiding officer’s authority can come from more than one source. This rule allows a deposition taken outside New Jersey but within the United States, or a U.S. territory or possession, to be taken before a person authorized to administer oaths under New Jersey law, federal law, or the law of the place where the examination is held.
The flexibility keeps out-of-state depositions practical, since a locally authorized officer will usually be available where the witness is.
Frequently Asked Questions
Who can preside at an out-of-state deposition within the U.S.?
A person authorized to administer oaths by New Jersey law, federal law, or the law of the place where the deposition is taken.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:12-2). 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: deposition outside the state within USout-of-state deposition officeradminister oaths