§ 6-328.Persons before whom depositions may be taken.

Article 3: Nebraska Court Rules of Discovery in Civil Cases. (Effective January 1, 2025.) · Last amended September 3, 2025 · Last verified July 22, 2026

This section prints two full, separately-dated versions in the official compilation (the January 1, 2025 discovery/pleading rewrite); both are shown below, current version first.

In one sentenceSection 6-328 specifies who is legally authorized to preside over a deposition — an officer permitted to administer oaths in Nebraska, elsewhere in the United States, or abroad — and bars anyone with a personal, employment, or financial stake in the case from serving in that role.

Full Text of § 6-328

Text sizeCurrent version (effective January 1, 2025) — jump to: (a) (b) (c)

Prior version (in effect before January 1, 2025) — jump to: (a) (b) (c) (d) (e)

§ 6-328. Persons before whom depositions may be taken. — Current version (effective January 1, 2025)

(a) Within the United States.

(1) Within this State. Within this state, a deposition must be taken before an officer authorized to administer oaths by the law of this state.

(2) Elsewhere Within the United States. Within other states of the United States or within a territory or insular possession subject to the jurisdiction of the United States, 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;

(B) a person appointed by the court in which the action is pending to administer oaths and take testimony.

(3) 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).

(b) In a 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 the 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) Disqualification. 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.

§ 6-328. Persons before whom depositions may be taken. — Prior version (in effect before January 1, 2025)

(a) Within this State. Within this State depositions may be taken before a judge or clerk of the Supreme Court or district court, a county judge, clerk magistrate, notary public, or any person appointed by the court in which the action is pending. A person so appointed has power to administer oaths and take testimony.

(b) Elsewhere Within the United States. Within other states of the United States or within a territory or insular possession subject to the jurisdiction of the United States depositions may 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.

(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, or

(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 rogatory.

A commission or a letter rogatory shall be issued on application and notice 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.

(d) Disqualification for Interest. The officer before whom the deposition is taken and the person recording the testimony shall not be a relative, employee, or attorney of any of the parties, nor a relative or employee of such attorney, nor financially interested in the action.

(e) Depositions for Use in Other Jurisdictions. Rule 30A applies when the deposition of any person is to be taken in this state for use in proceedings in another state. When the deposition of any other person is to be taken in that state for use in proceedings in another country, witnesses may be compelled to appear and testify in the same manner and by the same process and proceedings as may be employed for the purpose of taking testimony in proceedings pending in this state. The district court for the county where the deponent is found may make such orders as could be made if the deposition were intended for use in this jurisdiction, having due regard for the laws and rules of the other country.

End

Amendment History

Current version (effective January 1, 2025)

§ 6-328(e) and Comment amended January 27, 2021, effective February 16, 2021; § 6-328 amended November 13, 2024, effective January 1, 2025; § 6-328 amended September 3, 2025.

Prior version (in effect before January 1, 2025)

§ 6-328(e) and Comment amended January 27, 2021, effective February 16, 2021.

Official Comment

Current version (effective January 1, 2025)

COMMENTS TO § 6-328 [1] The original version of subpart (a) listed by title the officers before whom a deposition could be taken in Nebraska. The 2024 Amendments deleted the list and replaced it with a statement that a deposition may be taken in Nebraska before an officer authorized by law to administer oaths. Those officers are identified by statute. See Neb. Rev. Stat. § 24-1002; Neb. Rev. Stat. § 64-107; Neb. Rev. Stat. § 64-107.01. The 2024 Amendments also added subpart (a)(3) to make it clear that the term “officer” as used in §§ 6-330 to 6-332 includes a person who serves as the deposition officer by stipulation of the parties. [2] Subpart (b) governs depositions taken in foreign countries for cases pending in Nebraska. The subpart was updated by the 2024 Amendments to include treaties and conventions. The original version of the rule included a subpart on taking depositions in Nebraska for cases pending in foreign countries. That subpart was deleted by the 2024 Amendments because it was unnecessary in light of 28 U.S.C. § 1782.

Prior version (in effect before January 1, 2025)

COMMENT TO RULE 28 Subsection (a) follows former Neb. Rev. Stat. § 25-1267.14 (Repealed 1982), with the deletion of mayors and master commissioners as unnecessary. Subsection (b) does not follow former Nebraska statutes; the language of federal rule 28(a) was adopted to describe the officer by reference to the laws of the sister state or of the United States. Subsection (c) is new language on depositions in foreign countries and is taken from federal rule 28(b) which sets out all possible ways of taking depositions outside the United States. Subsection (d) follows the language of Neb. Rev. Stat. § 25-1267.17 (Repealed 1982), by applying the disqualification rule to both the officer and the person recording the testimony, if those are not the same person.

Plain-English Summary

A deposition needs someone to swear in the witness and oversee the proceeding, and Section 6-328 says who qualifies. Inside Nebraska, that officer must be someone the state’s law authorizes to administer oaths — the rule no longer names specific titles, relying instead on Nebraska statutes to identify who those officers are, and it makes clear the term “officer” also covers a person the parties themselves designate by stipulation. Elsewhere in the United States or its territories, the officer must be authorized to administer oaths under either federal law or the law of the place where the deposition happens, or must be a person the court appoints for that purpose.

Depositions abroad have more routes available: under a treaty or convention, through a letter of request (whether or not it is labeled a “letter rogatory”), before a person authorized to administer oaths locally or under federal law, or before someone the court commissions directly. None of these routes requires showing that some other method would be impracticable — a party can use a treaty-based method or a commission in a proper case without first ruling out alternatives. And evidence gathered abroad in response to a letter of request is not automatically excluded just because it lacks a verbatim transcript, was not taken under oath, or otherwise departs from how depositions run domestically.

One rule applies everywhere: the officer cannot be a relative, employee, or attorney of any party — or related to or employed by a party’s attorney — and cannot have a financial stake in the case.

Frequently Asked Questions

Who is authorized to preside over a deposition taken within Nebraska?

An officer authorized by Nebraska law to administer oaths, which includes anyone the parties stipulate to serve as the deposition officer.

What if the deposition is taken in another U.S. state?

The officer must be authorized to administer oaths by federal law or the law of the place of examination, or must be a person the court appoints to administer oaths and take testimony.

How can a deposition be taken in a foreign country?

Under an applicable treaty or convention, by a letter of request, before a person authorized to administer oaths locally or under federal law, or before a person the court commissions.

Does a party have to show that other methods are impractical before using a letter of request or commission for a foreign deposition?

No. The rule does not require showing that taking the deposition another way would be impracticable or inconvenient.

Can someone related to a party or a party’s attorney serve as the deposition officer?

No. The rule disqualifies anyone who is a relative, employee, or attorney of a party, or related to or employed by a party’s attorney, or who has a financial interest in the case.

Is evidence from a foreign deposition excluded if it was not taken under oath?

Not automatically. Evidence obtained under a letter of request need not be excluded merely for lacking a verbatim transcript, an oath, or similar departures from the domestic requirements.

Source & verification. Section text and amendment history are reproduced verbatim from the Nebraska Judicial Branch, adopted by the Supreme Court of Nebraska. Last verified July 22, 2026. · Official source

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