Del. Super. Ct. Civ. R. 28

(a) 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 (1) before an officer authorized to

administer oaths by the laws of the place where the examination is held, or (2) 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.

(b) In foreign countries. Depositions may be taken in a foreign country (1) pursuant to any applicable

treaty or convention, or (2) pursuant to a letter of request (whether or not captioned a letter rogatory), or

(3) on notice before a person authorized to administer oaths in the place where the examination is held,

either by the law thereof or by the law of the United States, or (4) 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. A commission or a letter of request 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 of request that the taking of the deposition in any other manner is impracticable or inconvenient;

and both a commission and a letter of request 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

of request may be addressed “To the Appropriate Authority in (here name the country).” When a letter of

request or any other device is used pursuant to any applicable treaty or convention, it shall be captioned in

the form prescribed by that treaty or convention. Evidence obtained in response to a letter of request need

not be excluded merely because it is not a verbatim transcript, because the testimony was not taken under

oath, or because of any similar departure from the requirements for depositions taken within the United

States under these Rules.

(c) Disqualification for interest. No depositions 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.

(d) Designation of officers. The officers referred to in paragraphs (a) and (b) hereof may be designated in

notices or commissions either by name or descriptive title and letters of request may be addressed “To the

Appropriate Authority in (here name the state or country).”