Rule 28.Persons Before Whom Depositions May Be Taken
Effective July 1, 1974 · Last amended January 1, 1982 · Last verified June 26, 2026
In one sentenceRule 28 says who is authorized to take a deposition—an officer empowered to administer oaths in the United States, or, abroad, a person acting under commission or letter rogatory—and bars anyone financially or personally interested in the case.
(a)Within the United States. Within the United States or within a territory or insular possession subject to the jurisdiction of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held, or 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. 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 laws of the United States, or (2) before a person commissioned by the court, and a person so commissioned shall have the power by virtue of his commission to administer any necessary oath and take testimony, or (3) pursuant to a letter rogatory. A commission or a letter rogatory 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 rogatory that the taking of the deposition in any other manner is impracticable or inconvenient; and both a commission and a letter rogatory 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 rogatory may be addressed "To the Appropriate Authority in [here name the country]." Evidence obtained in response to a letter rogatory 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.
End
Rule History
Amended Oct. 27, 1981, effective Jan. 1, 1982.
Reporter’s Notes
(1973)
Rule 28 copies Federal Rule 28. It describes the persons before whom depositions may be taken, either within the United States or abroad. Within the United States, any person authorized to give oaths may preside at the taking of a deposition. As a practical matter, virtually every court reporter holds a commission as a notary public; accordingly, in almost every instance, the court reporter administers the oath and then takes the testimony.
Plain-English Summary
A deposition must be taken before a neutral officer. Within the United States, that is an officer authorized to administer oaths, or a person the court appoints for the purpose. Abroad, a deposition may be taken before a locally authorized officer, before a person commissioned by the court, or pursuant to a letter rogatory—a formal request to a foreign court—and evidence so obtained is not excluded merely because foreign procedures differ from ours.
To keep the process fair, the rule disqualifies anyone with a stake in the matter: no deposition may be taken before a relative, employee, attorney, or counsel of a party, or before someone financially interested in the action.
Frequently Asked Questions
Who may take a deposition in the United States?
An officer authorized to administer oaths by federal or local law, or a person appointed by the court in which the action is pending. That person may administer oaths and take testimony.
Can the person taking a deposition be connected to a party?
No. A deposition may not be taken before a relative, employee, attorney, or counsel of any party, or before a person financially interested in the action.
Source & verification. Rule text, Rule History, and Reporter’s Notes reproduced
verbatim from the Massachusetts Rules of Civil Procedure as published by the Massachusetts Trial Court Law Libraries.
Promulgated by the Supreme Judicial Court of Massachusetts. Last verified June 26, 2026. ·
Official text
Also known as:deposition officerwho can take a depositionletter rogatoryforeign deposition