No deposition shall be taken before or recorded by a person, whether or not a certified court reporter, who is a relative, employee or attorney of a party or a relative or employee of such attorney or is financially interested in the action. Any regulations of the State Board of Court Reporting respecting disqualification of certified court reporters shall apply to all persons taking or recording a deposition. The foregoing prohibitions shall not apply to a person making an audiovisual recording of the deposition, provided (1) the person is not a relative of a party, and (2) the person has no financial interest in the action, except that the person may be an attorney of a party or an employee of such attorney.
Rule 4:12-4.Disqualification for Interest
Last amended September 4, 2012 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:12-4 disqualifies from taking or recording a deposition anyone who is a relative, employee, or attorney of a party (or a relative or employee of that attorney) or who is financially interested in the action, with a limited exception for the person making an audiovisual recording.
Full Text of Rule 4:12-4
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. 4:18-4. Amended July 17, 1975 to be effective September 8, 1975; amended July 12, 2002 to be effective September 3, 2002; amended July 19, 2012 to be effective September 4, 2012.
Plain-English Summary
The person presiding over a deposition must be neutral. This rule bars a deposition from being taken or recorded by anyone — certified court reporter or not — who is a relative, employee, or attorney of a party, or a relative or employee of such an attorney, or who is financially interested in the action. State Board of Court Reporting disqualification rules apply as well.
There is a narrow exception. A person making only an audiovisual recording of the deposition is not disqualified by being an attorney of a party or that attorney’s employee, provided the person is not a relative of a party and has no financial interest in the action.
Frequently Asked Questions
Who is disqualified from taking a deposition?
Anyone who is a relative, employee, or attorney of a party, or a relative or employee of that attorney, or who is financially interested in the action. A limited exception applies to a person making only an audiovisual recording.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:12-4). 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: disqualification for interestcourt reporter disqualificationneutral deposition officer