Fed. R. Civ. P. 28

(a) WITHIN THE UNITED STATES.

(1) In General. Within the United States or a territory or insular possession subject to United States jurisdiction, a deposition must be taken before:

(A) an officer authorized to administer oaths either by

federal law or by the law in the place of examination; or

(B) a person appointed by the court where the action is

pending to administer oaths and take testimony.

(2) Definition of ‘‘Officer.’’ The term ‘‘officer’’ in Rules 30, 31,

and 32 includes a person appointed by the court under this rule

or designated by the parties under Rule 29(a).

48 Rule 29 FEDERAL RULES OF CIVIL PROCEDURE

(b) INA FOREIGN COUNTRY.

(1) In General. A deposition may be taken in a foreign country:

(A) under an applicable treaty or convention;

(B) under a letter of request, whether or not captioned a

‘‘letter rogatory’’;

(C) on notice, before a person authorized to administer

oaths either by federal law or by the law in the place of examination; or

(D) before a person commissioned by the court to administer any necessary oath and take testimony.

(2) Issuing a Letter of Request or a Commission. A letter of request, a commission, or both may be issued:

(A) on appropriate terms after an application and notice

of it; and

(B) without a showing that taking the deposition in another manner is impracticable or inconvenient.

(3) Form of a Request, Notice, or Commission. When a letter of

request or any other device is used according to a treaty or

convention, it must be captioned in the form prescribed by

that treaty or convention. A letter of request may be addressed ‘‘To the Appropriate Authority in [name of country].’’

A deposition notice or a commission must designate by name

or descriptive title the person before whom the deposition is

to be taken.

(4) Letter of Request—Admitting Evidence. 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.

(c) D ISQUALIFICATION. A deposition must not be taken before a

person who is any party’s relative, employee, or attorney; who is

related to or employed by any party’s attorney; or who is financially interested in the action.

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July

1, 1963; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987;

Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 1, 2007, eff. Dec. 1, 2007.)