Rule 4:12-3.In foreign countries
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
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.