§ 3228.Persons Before Whom Depositions May Be Taken
Chapter 41: Discovery Code · Last amended November 1, 1995 · Last verified August 3, 2026
In one sentenceSpecifies who may take a deposition -- a certified or licensed shorthand reporter for depositions taken inside Oklahoma, and any of several alternatives, including a commission or letter rogatory, for depositions taken outside the state -- while disqualifying anyone related to, employed by, or financially interested in a party.
A.DEPOSITIONS TAKEN WITHIN OKLAHOMA. Within this state, depositions shall be taken before an officer authorized to administer oaths by the laws of the place where the examination is held, or before a person appointed by the court in which the action is pending. A person so appointed has power to administer oaths and take testimony.
The term officer as used in Sections 3230 through 3232 of this title includes a person appointed by the court or designated by the parties under Section 3229 of this title; except that on and after January 1, 1990, depositions taken within this state shall only be taken by an officer who is either a certified shorthand reporter (CSR) or a licensed shorthand reporter (LSR); provided however, on and after the effective date of this act, any person who was taking depositions by the steno-mask method of reporting within this state prior to January 1, 1990, may continue to take depositions within this state if the person provides to the State Board of Examiners of Official Shorthand Reporters or successor entity of the Board a certification, signed by a judge of the district court and by an attorney licensed to practice law in this state, declaring that the person has taken depositions that were admitted into evidence in any court of this state. The certification shall be submitted within thirty (30) days of the effective date of this act to the State Board of Examiners of Official Shorthand Reporters or successor entity of the Board who shall issue said person a certificate as an acting court reporter permitting the person to take depositions or other sworn statements, subpoena witnesses for depositions, issue affidavits in respect to the regular duties of the person, and administer oaths and affirmations with authority equal to that of a notary public.
B.DEPOSITIONS TAKEN OUTSIDE OF OKLAHOMA. Depositions may be taken outside of Oklahoma:
1.On notice before a person authorized to administer oaths in the place in which the examination is held, either by the law thereof or by the law of this state; or
2.Before a person commissioned by the court, and a person so commissioned shall have the power by virtue of his commission to administer any necessary oath and take testimony; or
3.Pursuant to a letter rogatory. A commission or a letter rogatory shall be issued on application and notice and on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient; and both a commission and a letter rogatory may be issued in proper cases. A notice or commission may designate the person before whom the deposition is to be taken either by name or descriptive title. Evidence obtained in response to a letter rogatory need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within this state.
C.DISQUALIFICATIONS FOR INTEREST. No deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action.
Amendment History
Added by Laws 1982, HB 1912, c. 198, §5, eff. 10/1/1982; Amended by Laws 1986, SB 392, c. 299,
§6, emerg. eff. 7/1/1986; Amended by Laws 1989, HB 1154, c. 129, §4, eff. 11/1/1989; Renumbered from 12
O.S. § 3205 by Laws 1989, HB 1154, c. 129, §14, eff. 11/1/1989; Amended by Laws 1992, HB 1766, c. 1, §6,
emerg. eff. 3/10/1992; Amended by Laws 1995, HB 1500, c. 253, §5, eff. 11/1/1995.
Plain-English Summary
Section 3228, Oklahoma's counterpart to FRCP 28, sets who may administer the oath and record testimony at a deposition. Inside Oklahoma, depositions must be taken before an officer authorized to administer oaths or a person the court appoints, and since January 1, 1990, that officer must be a certified or licensed shorthand reporter -- with a narrow grandfather clause for steno-mask reporters who were already taking depositions before that date and obtain certification from the State Board of Examiners of Official Shorthand Reporters.
Outside Oklahoma, a deposition may be taken on notice before a person authorized to administer oaths where the examination is held, before a person the court commissions, or under a letter rogatory -- and it isn't necessary to show that taking the deposition another way would be impracticable or inconvenient before using either device. Regardless of where it's taken, no deposition may be taken before someone who is a relative, employee, attorney, or counsel of a party (or a relative or employee of that attorney or counsel), or who is financially interested in the action.
Frequently Asked Questions
Who can take a deposition inside Oklahoma?
An officer authorized to administer oaths or a person the court appoints, and since January 1, 1990, that person must be a certified shorthand reporter (CSR) or licensed shorthand reporter (LSR), subject to a narrow grandfather clause for pre-1990 steno-mask reporters.
How do I take a deposition of someone located outside Oklahoma?
On notice before someone authorized to administer oaths where the examination is held, before a person the court commissions, or pursuant to a letter rogatory.
Do I have to show that another method won't work before I use a commission or letter rogatory?
No. The statute says directly that it isn't a requirement that taking the deposition another way be shown to be impracticable or inconvenient.
Who is disqualified from taking a deposition?
A relative, employee, attorney, or counsel of any party, a relative or employee of that attorney or counsel, or anyone financially interested in the action.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as:who can administer oath at oklahoma deposition12 O.S. § 3228certified shorthand reporter oklahoma depositionletter rogatory deposition oklahoma