28.01 Within the United States. Within the United States or within a territory or insular possession subject to the dominion of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States or 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. In videotaped depositions taken pursuant to Rule 30.02(4)(B), any lawyer or lawyer's agent can operate the equipment.
Rule 28.Persons Before Whom Depositions May Be Taken
Last amended July 1, 2002 · Last verified July 2, 2026
In one sentenceRule 28 identifies who may preside over a deposition — generally any person authorized to administer oaths where the deposition is taken, or someone the court appoints, with separate provisions for depositions taken in a foreign country by notice, commission, or letter rogatory.
Full Text of Rule 28
28.02 In Foreign Countries. In a foreign country, depositions may be taken (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 the United States, or (2) before a person commissioned by the court, and a person so commissioned shall have the power by virtue of the 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. A letter rogatory may be addressed "To the Appropriate Authority in (here name the country)." 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 the United States under these rules.
28.03 Disqualification for Interest. See Tenn. Code Ann. § 24-9-136.
Advisory Commission Comments
Advisory Commission Comments [1996].
A lawyer or agent can operate the equipment at a videotaped deposition.
Advisory Commission Comments [2002].
The cited statute, Tenn. Code Ann. § 24-9-136, adequately covers disqualification of court reporters, so the earlier rule was deleted.
Amendment History
- As amended July 1, 1979.
- by order effective July 1, 1996.
- and by order filed January 31, 2002, effective July 1, 2002.
Plain-English Summary
Rule 28.01 covers depositions taken within the United States or its territories: they must be taken before someone authorized to administer oaths under federal law or the law of the place where the examination occurs, or before a person the court appoints for that purpose, who then has the power to administer oaths and take testimony. In a videotaped deposition, any lawyer or a lawyer's agent may operate the recording equipment.
Rule 28.02 addresses depositions taken in a foreign country, which may proceed on notice before someone authorized to administer oaths under that country's law or under United States law, before a person the court commissions for the purpose, or under a letter rogatory. Neither a commission nor a letter rogatory requires a showing that taking the deposition another way would be impracticable or inconvenient, and both may be used in the same case where appropriate. A notice or commission can identify the presiding person by name or by descriptive title, and a letter rogatory may be addressed to the appropriate authority in the country involved. Evidence obtained through a letter rogatory is not excluded merely because it lacks a verbatim transcript, was not taken under oath, or otherwise departs from the requirements that apply to depositions taken within the United States.
Rule 28.03 points to a Tennessee statute governing disqualification of the person presiding over a deposition for interest or conflict — among other things, that statute disqualifies parties, party attorneys, close relatives, employees of a party or its attorney, and anyone with a recent personal relationship or financial stake connected to the case. Because that statute gives a party 30 days to elect to void a deposition based on the presiding officer's disqualification, while depositions generally require any qualification objection to be raised before or promptly after the deposition itself, a party relying on one deadline without regard to the other risks losing the objection entirely.
Frequently Asked Questions
Who is allowed to preside over a deposition taken in Tennessee?
Rule 28.01 allows a deposition to be taken before anyone authorized to administer oaths under federal law or the law of the place where the deposition happens, or before a person the court specifically appoints for that purpose.
What are the options for taking a deposition in a foreign country?
Rule 28.02 allows three approaches: on notice before someone authorized to administer oaths in that country or under United States law, before a person the court commissions, or through a letter rogatory addressed to the appropriate foreign authority.
Can a deposition be challenged because the person presiding had a conflict of interest?
Yes. Rule 28.03 points to a Tennessee statute disqualifying certain presiding officers for interest or conflict, though objections based on disqualification must generally be raised promptly, since the statute's own election window can conflict with the deposition rules' timing requirements.
Source & verification. The rule text and Advisory Commission Comments are reproduced verbatim from the
official Tennessee Rules of Civil Procedure (Tenn. R. Civ. P. 28). Prescribed by the Supreme Court of Tennessee (Tenn. Code Ann. §§ 16-3-402 to 16-3-407, 16-3-601). The plain-English summary is original and written by us. Last verified July 2, 2026. ·
Official source
Also known as: officer presiding at a depositiondepositions in a foreign countryletter rogatorydisqualification of deposition officer
Advisory Commission Comments.
Rule 28.01 allows a deposition to be taken before any officer authorized by federal, state, or territorial law to administer oaths. The provisions of Rule 28.02 governing depositions taken in foreign countries are new to Tennessee law.