Rule 28.Persons before whom depositions may be taken
Group V: Disclosures and Discovery · Last amended March 1, 2019 · Last verified July 14, 2026
In one sentenceRule 28 identifies who is qualified to preside over a deposition inside or outside the United States and disqualifies anyone with a personal or financial stake in the case from serving in that role.
(1)In General. Within the United States or a territory or insular possession subject to United States jurisdiction, a deposition must be taken before:
(A)an officer authorized to administer oaths either by federal law or by the law in the place of examination; or
(B)a person appointed by the court where the action is pending to administer oaths and take testimony.
(2)Definition of “Officer.” The term “officer” in Rules 30, 31, and 32 includes a person appointed by the court under this rule or designated by the parties under Rule 29(a).
(1)In General. A deposition may be taken in a foreign country:
(A)under an applicable treaty or convention;
(B)under a letter of request, whether or not captioned a “letter rogatory”;
(C)on notice, before a person authorized to administer oaths either by federal law or by the law in the place of examination; or
(D)before a person commissioned by the court to administer any necessary oath and take testimony.
(2)Issuing a Letter of Request or a Commission. A letter of request, a commission, or both may be issued:
(A)on appropriate terms after an application and notice of it; and
(B)without a showing that taking the deposition in another manner is impracticable or inconvenient.
(3)Form of a Request, Notice, or Commission. When a letter of request or any other device is used according to a treaty or convention, it must be captioned in the form prescribed by that treaty or convention. A letter of request may be addressed “To the Appropriate Authority in [name of country].” A deposition notice or a commission must designate by name or descriptive title the person before whom the deposition is to be taken.
(4)Letter of Request—Admitting Evidence. Evidence obtained in response to a letter of request need not be excluded merely because it is not a verbatim transcript, because the testimony was not taken under oath, or because of any similar departure from the requirements for depositions taken within Nevada.
(c)Disqualification. A deposition must not be taken before a person who is any party’s relative, employee, or attorney; who is related to or employed by any party’s attorney; or who is financially interested in the action.
Notes
Drafter’s Note, Amendment Effective January 1, 2005: The rule is amended to conform to the federal rule, which, consistent with modern terminology and the primary method provided by The Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, replaced the phrase “letter rogatory” with “letter of request.” The third sentence in subdivision (a) of the Nevada rule, governing the issuance of commissions and letters of request for depositions taken within other states, is retained. It does not have a federal counterpart.
Rule 28 answers a foundational question: who is allowed to swear in a witness and preside over a deposition? Within the United States, it has to be someone authorized to administer oaths under federal law or the law of the place where the deposition happens, or someone the court appoints for that purpose. That same definition of an 'officer' carries through the rules governing oral depositions, written-question depositions, and the use of depositions at trial. Depositions taken abroad follow a parallel menu of options: under an applicable treaty or convention, through a letter of request, before a person authorized to administer oaths under local or federal law, or before someone the court commissions. A letter of request or commission can issue on notice alone, without any need to show that taking the deposition another way would be impractical, and evidence gathered through a letter of request is not thrown out merely because it was not taken verbatim, under oath, or by some other method Nevada usually requires.
Rule 28(c) exists to keep the person presiding over a deposition neutral. It disqualifies anyone who is a relative, employee, or attorney of a party, anyone related to or employed by a party's attorney, and anyone with a financial stake in how the case comes out. That protection matters because the officer is the one swearing in the witness and certifying that the transcript accurately reflects what was said, and a person with a personal or financial interest in the outcome has no business filling that role.
Frequently Asked Questions
Who is typically qualified to preside over a Nevada deposition?
In practice, a certified court reporter authorized to administer oaths handles most depositions. The rule also allows any other person authorized to administer oaths under federal or local law, or a person the court appoints, to serve in that capacity.
Can a deposition be taken outside the United States?
Yes. Rule 28(b) allows a deposition abroad under an applicable treaty or convention, through a letter of request, before a person authorized to administer oaths under local or federal law, or before someone the court commissions for that purpose.
What is a letter of request?
It is the modern term for what used to be called a letter rogatory: a formal request asking a foreign authority to help take testimony for a Nevada case. It can be issued on notice without first showing that another method of taking the deposition would be impractical.
Why does it matter who administers the oath at a deposition?
The officer is the person who swears in the witness and certifies that the transcript is accurate. Rule 28(c) disqualifies anyone with a personal or financial stake in the case from filling that role, so the record carries no taint of bias.
Is evidence taken through a letter of request thrown out if it was not done exactly like a Nevada deposition?
No. The rule specifically allows evidence obtained through a letter of request to be used even if it is not a verbatim transcript, was not taken under oath, or otherwise departs from Nevada's usual deposition requirements.
Source & verification. Rule text, official Advisory Committee
Notes, and amendment history are reproduced verbatim from the Nevada Rules of Civil
Procedure, adopted by the Supreme Court of Nevada. Last verified July 14, 2026.
· Official source
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