Rule 28.Persons before whom deposition may be taken

Current through January 1, 2025 · Last verified July 8, 2026

In one sentenceRule 28 identifies who is authorized to preside over and record a deposition -- generally an officer authorized to administer oaths, within the United States or, for a foreign deposition, someone authorized under a treaty, letter of request, or court commission -- and disqualifies anyone related to, employed by, or financially interested in a party.

Full Text of Rule 28

Text sizeJump to: (a) (b) (c)

(a) Within the United States. –

(1) In general. Within the United States or a territory or insular possession subject to United States jurisdiction, a deposition shall be taken before:

(A) an officer authorized to administer oaths either by federal law or of this State or by the law in the place of examination; or

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

(2) 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 of this State 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 shall be captioned in the form prescribed by that treaty or convention. A letter of request may be addressed “To the Appropriate Authority in [name of country].” A deposition notice or a commission shall 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 shall 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.

End

Amendment History

The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.

Plain-English Summary

A deposition needs a neutral person presiding over it. Within the United States, that's an officer authorized to administer oaths under federal law, West Virginia law, or the law of the place of examination, or someone the court appoints for that purpose. That same definition of "officer" carries through the oral- and written-question deposition rules and the rule on using depositions in court.

Depositions abroad work a bit differently, since foreign countries don't always recognize an American officer's authority. Rule 28(b) allows a deposition under an applicable treaty or convention, under a letter of request (sometimes called a "letter rogatory"), before someone authorized to administer oaths under the relevant law, or before a person the court specifically commissions. Evidence obtained in response to a letter of request isn't excluded just because it wasn't taken under oath or transcribed verbatim, or because of any similar departure from the requirements for depositions taken within the United States.

Whoever presides, they can't be a party's relative, employee, or attorney, be related to or employed by a party's attorney, or have a financial stake in the case — Rule 28(c) disqualifies anyone that close to the dispute from running the deposition.

Frequently Asked Questions

Who is qualified to preside over a deposition taken within the United States?

An officer authorized to administer oaths by federal law, West Virginia law, or the law of the place of examination, or a person the court appoints for that purpose.

How is a deposition taken in a foreign country different?

It can proceed under an applicable treaty or convention, under a letter of request, before a locally authorized oath-taker, or before someone the court specifically commissions — and evidence obtained that way isn't excluded just because it wasn't taken under oath or transcribed word for word.

Who is disqualified from presiding over a deposition?

Anyone who is a party's relative, employee, or attorney; anyone related to or employed by a party's attorney; and anyone with a financial interest in the outcome of the action.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 28). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

Also known as: deposition officerwho can take a depositionforeign depositionletter rogatory