Unless an international treaty or convention otherwise requires, in a foreign country depositions shall be taken (a) on notice before a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or (b) before such person or officer as may be appointed by commission or under letters rogatory. A commission or letters rogatory shall be issued on application and notice, and on such terms and with such directions as are appropriate. Officers may be designated in notices or commissions either by name or descriptive title and letters rogatory may be addressed “To the Appropriate Judicial Authority in (here name the country)”.
Rule 4:12-3.In foreign countries
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:12-3 sets how depositions are taken in a foreign country — on notice before a U.S. diplomatic or consular officer, or before a person appointed by commission or under letters rogatory.
Full Text of Rule 4:12-3
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. 4:18-3. Amended July 22, 1983 to be effective September 12, 1983; amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
Depositions abroad follow special channels unless a treaty or convention requires otherwise. This rule allows a deposition in a foreign country to be taken on notice before a U.S. embassy or consular officer, or before a person appointed by commission or under letters rogatory.
A commission or letters rogatory issues on application and notice, on appropriate terms. Officers may be named or described by title, and letters rogatory may be addressed to the appropriate judicial authority of the country in question.
Frequently Asked Questions
How are depositions taken in a foreign country?
Unless a treaty or convention requires otherwise, on notice before a U.S. diplomatic or consular officer, or before a person appointed by commission or under letters rogatory, which the court issues on application and notice.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:12-3). 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 in foreign countriesletters rogatorycommissionconsular officer deposition