Rule 28.Persons before whom depositions may be taken

Group 5: Depositions and Discovery · Last amended November 22, 2016 · Last verified July 13, 2026

In one sentenceRule 28 identifies who may administer the oath and record testimony at a deposition -- specified officers within Washington, any authorized officer or certified court reporter or court-appointed person within the United States, and several alternatives abroad -- and bars anyone related to, employed by, or financially interested in a party from filling that role.

Full Text of Rule 28

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(-) Within the state. Depositions within the state may be taken before the following officers:

(1) Court commissioners. [Reserved. See RCW 2.24.040(9) and (10).]

(2) Superior courts. [Reserved. See RCW 2.28.010(7).]

(3) Judicial officers. [Reserved. See RCW 2.28.060.]

(4) Judges of Supreme and Superior Courts. [Reserved. See RCW 2.28.080(3).]

(5) Inferior judicial officers. [Reserved. See RCW 2.28.090.]

(6) Notaries public. [Reserved. See RCW 5.28.010 and 42.44.010.]

(7) Special commissions. [Reserved. See RCW 11.20.030.]

(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 shall be taken before (i) an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held, (ii) a certified court reporter, or (iii) 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 law of the United States, or (2) before a person commissioned by the court, and the person so commissioned shall have the power by virtue of the person’s commission to administer any necessary oath and take testimony, or (3) pursuant to a letter rogatory or a letter of request, or (4) pursuant to the means and terms of any applicable treaty or convention. A commission, a letter rogatory, or a letter of request 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, a letter rogatory, or a letter of request that the taking of the deposition in any other manner is impracticable or inconvenient; and a commission, a letter rogatory, and a letter of request may all 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 by descriptive title. A letter rogatory may be addressed “To the Appropriate Authority in [here name the country].” A letter of request or any other device permitted by any applicable treaty or convention shall be styled in the form prescribed by that treaty or convention. Evidence obtained in response to a letter rogatory or a letter of request 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.

(d) Equal terms required. Any arrangement concerning court reporting services or fees in a case shall be offered to all parties on equal terms. This rule applies to any arrangement or agreement between the person before whom a deposition is taken or a court reporting firm, consortium or other organization providing a court reporter, and any party or any person arranging or paying for court reporting services in the case, including any attorney, law firm, person or entity with a financial interest in the outcome of the litigation, or person or entity paying for court reporting services in the case.

(e) Final certification of the transcript. The court reporter reporting a deposition shall not certify the deposition transcript until after he or she has reviewed the final version of the formatted transcript. A court reporting firm, consortium, or other organization transmitting a court reporter’s certified transcript shall not alter the format, layout, or content of the transcript after it has been certified.

End

Amendment History

Prior: RPPP Rule 28. Adopted May 5, 1967, effective July 1, 1967; amended, adopted June 5, 1985, effective Sept. 1, 1985; amended June 10, 1993, effective Sept. 1, 1993; amended, effective Sept. 1, 2001; amended June 2, 2005, effective Sept. 1, 2005; amended, effective April 28, 2015; amended June 2, 2016, effective September 1, 2016; amended November 3, 2016, effective November 22, 2016.

Plain-English Summary

Rule 28 answers a question every deposition depends on: who is qualified to swear in the witness and put the testimony on the record? Within Washington, the rule identifies the relevant officers by pointing to the specific statutes that empower them -- court commissioners, superior courts, judicial officers, judges of the supreme and superior courts, inferior judicial officers, notaries public, and special commissions. Rule 28(a) broadens the picture for depositions taken anywhere in the United States or its territories: the officer may be anyone authorized to administer oaths under federal law or the law of the place where the deposition happens, a certified court reporter, or a person the court itself appoints, and that appointed person has full power to administer oaths and take testimony.

Depositions abroad get more options under Rule 28(b): before a person authorized to administer oaths where the examination is held, before a person the court commissions for that purpose, pursuant to a letter rogatory or letter of request, or under the terms of an applicable treaty or convention. More than one of these methods can be used in the same case, and evidence gathered through a letter rogatory or letter of request isn't excluded merely because it departs from the formalities that would apply to a deposition taken within the United States.

Rule 28(c) disqualifies anyone too close to the case from serving as the officer -- a relative, employee, attorney, or counsel of a party, or anyone financially interested in the outcome. Rounding out the rule, Rule 28(d) requires that any arrangement for court reporting services or fees be offered to all parties on equal terms, and Rule 28(e) bars the reporter from certifying the transcript until reviewing the final formatted version, and bars any reporting firm from altering a transcript's format, layout, or content once it has been certified.

Frequently Asked Questions

Who is qualified to administer the oath at a deposition in Washington?

Within Washington, Rule 28 points to specific statutes identifying court commissioners, superior courts, judicial officers, judges, inferior judicial officers, notaries public, and special commissions. More broadly, within the United States the officer may be anyone authorized to administer oaths under federal or local law, a certified court reporter, or a person the court appoints.

Can a deposition be taken outside the United States?

Yes. Rule 28(b) allows depositions abroad before a person authorized to administer oaths where the examination is held, before a person the court commissions, under a letter rogatory or letter of request, or under an applicable treaty or convention.

Who is disqualified from serving as the officer at a deposition?

Rule 28(c) disqualifies anyone who is a relative, employee, attorney, or counsel of a party -- or a relative or employee of that attorney or counsel -- or anyone financially interested in the action.

What does the equal-terms rule for court reporting arrangements require?

Rule 28(d) requires that any arrangement concerning court reporting services or fees be offered to all parties on equal terms, whether the arrangement is with the individual reporter or a reporting firm.

Can a court reporting firm change a deposition transcript after it's certified?

No. Rule 28(e) bars a court reporting firm or other organization from altering the format, layout, or content of a transcript once the reporter has certified it, and requires the reporter to review the final formatted version before certifying it in the first place.

Source & verification. Rule text and amendment history are reproduced verbatim from the Washington Superior Court Civil Rules, adopted by the Supreme Court of Washington. Last verified July 13, 2026. · Official source

Also known as: who may take a deposition in Washingtonofficer administering a deposition oathdeposition in a foreign country Washingtoncourt reporter certification rulesCR 28 Washington civil procedure