(a) Within this Commonwealth. — Within this Commonwealth depositions may be taken before any person authorized by law to administer oaths, and if certified by his hand may be received without proof of the signature to such certificate.
Rule 4:3.Persons Before Whom Depositions May Be Taken.
Part Four: Pretrial Procedures, Dispositions and Production at Trial · Last amended 2021 · Last verified July 16, 2026
In one sentenceRule 4:3 identifies who may administer oaths and preside over a deposition — any person authorized to administer oaths within Virginia, designated officers or commissioners elsewhere in the United States, and specified diplomatic, military, or local officials in a foreign country — and sets the certification required when a deposition is taken outside Virginia.
Full Text of Rule 4:3
(b) Within the United States. — In any other State of the United States or within any territory or insular possession subject to the dominion of the United States, depositions may be taken before any officer authorized to take depositions in the jurisdiction wherein the witness may be, or before any commissioner appointed by the Governor of this Commonwealth.
(c) No Commission Necessary. — No commission by the Governor of this Commonwealth is necessary to take a deposition whether within or without this Commonwealth.
(d) In Foreign Countries. — In a foreign state or country depositions must be taken (1) before any American minister plenipotentiary, charge d'affaires, secretary of embassy or legation, consul general, consul, vice-consul, or commercial agent of the United States in a foreign country, or any other representative of the United States therein, including commissioned officers of the armed services of the United States, or (2) before the mayor, or other magistrate of any city, town or corporation in such country, or any notary therein.
(e) Certificate When Deposition Taken Outside Commonwealth. — Any person before whom a deposition is taken outside this Commonwealth must certify the same with his official seal annexed; and, if he have none, the genuineness of his signature must be authenticated by some officer of the same state or country, under his official seal, except that no seal is required of a commissioned officer of the armed services of the United States, but his signature must be authenticated by the commanding officer of the military installation or ship to which he is assigned.
Plain-English Summary
Rule 4:3 answers a practical question: who is allowed to run a deposition? Within Virginia, the answer is anyone authorized by law to administer oaths — a deposition officer’s certified signature is accepted without further proof. Elsewhere in the United States or its territories, a deposition may be taken before any officer authorized to take depositions where the witness is located, or before a commissioner the Governor of Virginia appoints. No commission from the Governor is ever required, whether the deposition happens inside or outside Virginia.
In a foreign country, the rule widens the list of qualifying officials to American diplomatic and consular officers, commissioned military officers, or local mayors, magistrates, and notaries. Whoever presides over a deposition taken outside Virginia must certify it under an official seal; if the officer has none, another official of the same state or country must authenticate the signature under seal — except that a commissioned military officer’s signature is authenticated by the commanding officer of the installation or ship instead.
Frequently Asked Questions
Who can administer the oath at a deposition taken in Virginia?
Any person authorized by law to administer oaths; a deposition certified by that person’s signature is accepted without further proof (Rule 4:3(a)).
Can a Virginia deposition be taken in another state?
Yes, before any officer authorized to take depositions in that state, or before a commissioner appointed by the Governor of Virginia, though no such commission is required (Rule 4:3(b), (c)).
Who can preside over a deposition taken in a foreign country for a Virginia case?
American diplomatic or consular officers, commissioned military officers, or a mayor, magistrate, or notary of the foreign locality (Rule 4:3(d)).
What certification does a deposition taken outside Virginia need?
The officer who took it must certify it under an official seal, or, lacking one, have the signature authenticated under seal by another officer of that state or country (Rule 4:3(e)).
Is a special commission from the Governor required to take a deposition?
No. Rule 4:3(c) states that no commission by the Governor is necessary to take a deposition whether within or outside Virginia.
Amendment History
Last amended by Order dated November 23, 2020; effective March 1, 2021.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
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