Rule 1-028.Persons before whom depositions may be taken

This rule says before whom a deposition may be taken. Within the United States, a deposition is taken before an officer authorized to administer oaths where the examination is held, or before a person the court appoints, who then has power to administer oaths and take testimony. In a foreign country, a deposition may be taken on notice before an authorized officer, before a person commissioned by the court, or pursuant to a letter rogatory, which may be addressed to the appropriate foreign authority.

The rule eases the formality of foreign evidence—evidence obtained by letter rogatory is not excluded merely because it is not a verbatim transcript or was not taken under oath—and it disqualifies anyone who is a relative, employee, or attorney of a party, or who is financially interested, from taking the deposition, subject to the parties’ power to stipulate otherwise under Rule 1-029.