(a) Within the United States. Within the United States or within a territory or insular possession subject to the jurisdiction 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. The term “officer” as used in Rules 30, 31, and 32 includes a person appointed by the court or designated by the parties under Rule 29.
Rule 28.Persons before whom depositions may be taken
Part V: Depositions and Discovery · Last amended January 1, 1987 · Last verified July 13, 2026
In one sentenceRule 28 identifies who is qualified to preside over and certify a deposition, in the United States and abroad, and bars anyone too closely connected to the case from serving in that role.
Full Text of Rule 28
(b) 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 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. A letter rogatory may be addressed “To the Appropriate Authority in [here name of 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.
(c) Disqualification 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
Amended effective Jan. 1, 1987.
Plain-English Summary
Every deposition needs a neutral officer to swear in the witness, keep the record, and certify that it's accurate. Rule 28 spells out who qualifies. Within the United States or its territories, that officer has to be someone authorized to administer oaths — either under federal law or the law of the place where the deposition happens — or someone the court has appointed for that purpose. Rules 30, 31, and 32 all use the word "officer," and the rule confirms that term reaches both a court-appointed officer and anyone the parties designate by stipulation under Rule 29.
Depositions taken abroad have more routes available. Notice can be given before a person locally authorized to administer oaths, or the court can commission someone for the job, or the deposition can proceed under a letter rogatory — a formal request to a foreign judicial authority. A commission or letter rogatory issues on application and notice, on terms the court finds just, and a party doesn't have to prove that no other method would work before getting one; both can even issue side by side in the same case. The notice or commission can identify the officer by name or by title, and a letter rogatory can be addressed generically to "the Appropriate Authority" in the relevant country. Evidence gathered through a letter rogatory isn't excluded merely because it isn't a verbatim transcript or wasn't taken under oath in the way a domestic deposition would require.
The rule closes with a conflict-of-interest bar: no one may preside over a deposition if they're a relative, employee, attorney, or counsel of any party, a relative or employee of the attorney or counsel, or financially interested in the outcome of the action.
Frequently Asked Questions
Who is allowed to administer the oath at a deposition in Utah?
Someone authorized to administer oaths under the law of the place where the deposition occurs, or a person the court has appointed for that purpose. Parties can also designate someone by stipulation under Rule 29.
How do you take a deposition of a witness located in another country?
Three ways: on notice before a person locally authorized to administer oaths, before a person the court commissions for the deposition, or through a letter rogatory addressed to the foreign judicial authority. More than one method can be used in the same case.
What is a letter rogatory?
A formal request from a Utah court to a foreign judicial authority asking it to assist in taking testimony. Evidence obtained this way isn't excluded just because it doesn't match the form of a domestic deposition.
Do I have to show that other deposition methods wouldn't work before getting a commission or letter rogatory?
No. The rule doesn't require proof that taking the deposition another way would be impracticable or inconvenient.
Who is barred from serving as the deposition officer?
A relative, employee, attorney, or counsel of any party; a relative or employee of a party's attorney or counsel; or anyone financially interested in the outcome of the case.
Source & verification. Rule text, Advisory Committee Notes, and
amendment history are reproduced verbatim from the Utah Rules of Civil Procedure,
adopted by the Utah Supreme Court. Last verified July 13, 2026. ·
Official source
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