Rule 28.Persons before whom depositions may be taken

A deposition needs someone with legal authority to swear in the witness and record the testimony, and Rule 28 spells out who qualifies depending on where the deposition happens. Inside Idaho, that's anyone the state authorizes to administer oaths. Outside Idaho but still within the United States or its territories, the officer must be authorized by Idaho law, federal law, or the law of the place where the deposition happens, or must be a person the court where the case is pending has appointed for that purpose. Rules 30, 31, and 32 use the term "officer" to include both categories, plus anyone the parties themselves designate under Rule 29.

Depositions abroad and depositions of military personnel each get their own path. In a foreign country, a deposition can be taken before a United States diplomatic or consular officer, before someone authorized to administer oaths under Idaho or federal law, before a court-appointed person, or under a commission issued after notice and application, and any of these officers can administer oaths and take testimony. For members of the armed forces of the United States or Idaho, or their spouses and children, the deposition can be taken before any officer of any branch of the armed forces, and a certificate from that officer stating their office and the deponent's military status or relationship is treated as prima facie proof of both facts. Across every one of these settings, Rule 28 disqualifies anyone who is a party's relative, employee, or attorney, anyone related to or employed by a party's attorney, or anyone with a financial stake in the case from serving as the officer.