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RI · rules

R.I. Dist. Ct. R. Civ. P. 28

Persons Before Whom Depositions May Be Taken

activein force · 2024-02-01 – presentact-effective-date

(a) Within the

State. Within the state depositions shall be taken before an officer authorized to

administer oaths by the law of the state or before a person appointed by the court. A

person so appointed has the power to administer oaths and take testimony.

(b) Outside the State. Within another state, or within a territory or insular

possession subject to the dominion of the United States, or 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,

including any applicable treaty or convention;

(2) Before a person commissioned by the court, and a person so commissioned

shall have the power by virtue of his or her commission to administer any necessary

oath and take testimony; or

(3) Pursuant to a letter of request (whether or not captioned a letter rogatory). 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 state,

territory, or country).” Evidence obtained in a foreign country in response to a letter

of request 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.

Provenance

Source
courts.ri.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
54d456ef2bba3513c12015d986dfd411461ee1282bd8b55b6b55967aed69393c
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