IL · rules
Ill. S. Ct. R. 205
Persons Before Whom Depositions May Be Taken
(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 this State or of the United States or of the
place where the examination is held, or (2) before a person appointed by the court. The officer or
person is empowered to administer oaths and take testimony. Whenever the term “officer” is used
in these rules, it includes a person appointed by the court unless the context indicates otherwise.
(b) In Foreign Countries. In a foreign state or country depositions shall be taken (1) before a
secretary of embassy, consul general, consul, vice-consul, or consular agent of the United States,
or any officer authorized to administer oaths under the laws of this State, or the United States, or
of the place where the examination is held, or (2) before a person appointed by the court. The
officer or person is empowered to administer oaths and take testimony.
(c) Issuance of Commissions and Letters Rogatory. A commission, dedimus potestatem, or
letter rogatory is not required but if desired shall be issued by the clerk without notice. An officer
may be designated in a commission either by name or descriptive title and a letter rogatory may
be addressed “To the Appropriate Authority in (here name the country).”
(d) Disqualification for Interest. No deposition shall be taken before a person who is a
relative of or attorney for any of the parties, a relative of the attorney, or financially interested in
the action.
History
Committee Comments Paragraphs (a) and (b) Paragraphs (a) and (b) of this rule are derived from former Rule 19-2(1), (2) and (3) with minor language changes, but no changes of substance. Paragraph (c) Paragraph (c) is derived from former Rule 19-2(4). The reference to letters rogatory was added because, though requests for them may be rare in State practice, there may be occasional situations in which they are required. See N.Y. Civ. Prac. L. & R. §3113(a)(3) and Rule 28(b) of the Federal Rules of Civil Procedure. Paragraph (d) Paragraph (d) is former Rule 19-2(5) with minor language changes.
Provenance
- Source
- illinoiscourts.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
45b39f3a9e2e2541861f585d72dd27dc01585e4f327ab0884dcad3a1525550df
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.