Rule 2.304.Persons Before Whom Depositions May Be Taken

Current through May 1, 2026 · Last verified July 6, 2026

In one sentenceRule 2.304 says who is qualified to preside over a deposition -- generally anyone authorized to administer oaths, a court-appointed officer, or a person the parties agree on -- and disqualifies anyone with a personal or financial stake in the case from serving in that role.

Full Text of Rule 2.304

Text sizeJump to: (A) (B) (C)

(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 may be taken

(1) before a person authorized to administer oaths by the laws of Michigan, the United States, or the place where the examination is held;

(2) before a person appointed by the court in which the action is pending; or

(3) before a person on whom the parties agree by stipulation under MCR 2.302(F)(1). A person acting under subrule (A)(2) or (3) has the power to administer oaths, take testimony, and do all other acts necessary to take a deposition.

(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, by either the law of that place or of the United States; or

(2) before a person commissioned by the court, and a person so commissioned has the power by virtue of the commission to administer a necessary oath and take testimony; or

(3) pursuant to a letter rogatory.

A commission or a letter rogatory may be issued on motion 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 another manner is impracticable or inconvenient; both a commission and a letter rogatory may be issued in a proper case. 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 [name of country].” Evidence obtained in response to a letter rogatory need not be excluded merely because it is not a verbatim transcript or the testimony was not taken under oath, or because of a similar departure from the requirements for depositions taken within the United States under these rules.

(C) Disqualification for Interest. Unless the parties agree otherwise by stipulation in writing or on the record, a deposition may not be taken before a person who is

(1) a relative or employee of or an attorney for a party,

(2) a relative or employee of an attorney for a party, or

(3) financially interested in the action.

End

Amendment History

Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.

Plain-English Summary

A deposition needs someone neutral running the room. Inside the United States, that can be anyone authorized to administer oaths under Michigan law, federal law, or the law of the place where the deposition happens; a person the court appoints; or a person the parties agree on by stipulation. Whoever fills that role can swear the witness in, take the testimony, and do whatever else the deposition requires. Depositions abroad work a little differently, allowing a person authorized under local or federal law, a person the court commissions, or a person contacted through a letter rogatory — a formal request to a foreign court for assistance — and evidence gathered that way isn't thrown out just because it doesn't look exactly like a Michigan deposition transcript.

Regardless of where the deposition happens, the rule keeps interested people out of the presiding role. Unless the parties agree otherwise in writing or on the record, a deposition can't be taken before someone who is a relative or employee of a party, an attorney for a party, a relative or employee of that attorney, or who has a financial stake in how the case comes out.

Frequently Asked Questions

Who is qualified to run a deposition in Michigan?

Generally anyone authorized to administer oaths under Michigan law, federal law, or local law where the deposition happens; a person the court appoints; or a person the parties agree on by stipulation.

What is a letter rogatory?

A formal request that a Michigan court sends to a court in another country asking it to assist in taking testimony there. It's one of the recognized ways to take a deposition abroad, alongside using a person authorized to administer oaths locally or a person the court commissions.

Can a party's relative or employee preside over a deposition?

Not unless everyone agrees otherwise in writing or on the record. Rule 2.304 disqualifies a relative or employee of a party, an attorney for a party, a relative or employee of that attorney, and anyone financially interested in the case, from serving in that role.

Source & verification. The rule text is reproduced verbatim from the official Michigan Court Rules (MCR 2.304). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: who can take a deposition Michiganletter rogatory Michigandeposition officer qualifications