Rule 28.Persons Before Whom Depositions May Be Taken.

Rule 28 identifies who may preside over a deposition and administer the oath to the witness. Inside Rhode Island, that’s someone authorized under state law to administer oaths, or a person the court appoints for that purpose; a court-appointed officer has the same power to swear in the witness and take testimony. If the deposition isn’t stenographic, no officer or appointed person even needs to be present.

Outside Rhode Island — in another state, a U.S. territory or insular possession, or a foreign country — the rule offers three ways to take a deposition: before someone authorized to administer oaths where the deposition happens, whether under that place’s law or under United States law, including any applicable treaty or convention; before a person the court commissions for the purpose, who then has the power to administer the oath and take testimony; or under a letter of request, whether or not it’s captioned a letter rogatory. A commission or letter of request issues on application and notice, on terms that are just and appropriate, and a party doesn’t have to show that no other method would work — both a commission and a letter of request can issue in proper cases. A notice or commission can designate the deposition officer by name or descriptive title, and a letter of request can be addressed generally to the appropriate authority in the named state, territory, or country. Evidence gathered abroad in response to a letter of request isn’t excluded merely because it isn’t a verbatim transcript, wasn’t taken under oath, or otherwise departs from the usual requirements for depositions taken within the United States.

The rule also disqualifies certain people from presiding over a deposition at all: no deposition may be taken before someone who is a relative, employee, attorney, or counsel of a party, a relative or employee of that attorney or counsel, or someone financially interested in the action.