Rule 28.Persons before whom depositions may be taken

Group V: Depositions and Discovery · Last amended September 1, 2021 · Last verified July 14, 2026

In one sentenceRule 28 identifies who is authorized to preside over a deposition, addresses depositions taken in a foreign country or another state, and disqualifies anyone with a personal or financial stake in the case.

Full Text of Rule 28

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

(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 must be taken before:

(A) an officer authorized to administer oaths either by the laws of this state or of the United States or of 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 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 of 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.

(1) Definitions. For purposes of this rule:

(A) “Foreign jurisdiction” means a state other than Wyoming;

(B) “Foreign subpoena” means a subpoena issued under authority of a court of record of a foreign jurisdiction;

(C) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity;

(D) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States; and

(E) “Subpoena” means a document, however denominated, issued under authority of a court of record requiring a person to:

(i) attend and give testimony at a deposition;

(ii) produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or

(iii) permit inspection of premises under the control of the person.

(2) Issuance of a Subpoena.

(A) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in Wyoming. A request for issuance of a subpoena under this act does not constitute an appearance in the courts of this state.

(B) When a party submits a foreign subpoena to a clerk of court in this state, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

(i) incorporate the terms used in the foreign subpoena; and

(ii) contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

(3) Service of a Subpoena. A subpoena issued by a clerk of court under paragraph (c)(2) of this rule must be served in compliance with Rule 45.

(4) Deposition, Production, and Inspection. Rules 30, 31, 34, and 45 apply to subpoenas issued under paragraph (c)(2) of this rule.

(5) Application to Court. An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under paragraph (c)(2) of this rule must comply with the rules or statutes of this state and be submitted to the court for the county in which discovery is to be conducted.

(d) 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.

End

Amendment History

Added February 2, 2017, effective March 1, 2017; amended June 22, 2021, effective September 1, 2021.

Plain-English Summary

A deposition is only as reliable as the person administering the oath and recording the testimony. Within the United States, that must be an officer authorized to give oaths under Wyoming law, federal law, or the law of the place where the deposition happens, or someone the court itself appoints for that purpose. Depositions taken abroad follow a different set of options: a treaty or convention, a formal letter of request (sometimes still called a letter rogatory), an officer authorized under local or federal law, or a person the court commissions directly. Evidence gathered abroad in response to a letter of request is not automatically thrown out just because it lacks a verbatim transcript, was not taken under oath, or otherwise departs from the usual domestic procedure — the rule builds in flexibility for the realities of foreign practice.

The rule also sets up a mechanism for interstate discovery, letting a party with a subpoena issued by another state’s court get a matching Wyoming subpoena through a county clerk, without that request counting as an appearance in Wyoming courts. That subpoena has to mirror the terms of the original and include the contact information for counsel involved in the outside case, and it gets served, enforced, and challenged under Wyoming’s own procedural rules. Finally, no matter where a deposition happens, the person presiding over it cannot be a relative or employee of a party, related to or employed by a party’s attorney, or financially interested in the outcome — safeguards meant to keep the process free of even the appearance of bias.

Frequently Asked Questions

Who is allowed to preside over a deposition taken in Wyoming?

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

How does a deposition get taken in a foreign country?

Several routes are available: under an applicable treaty or convention, through a letter of request, on notice before a person authorized to give oaths under federal or local law, or before a person the court commissions directly.

Is foreign deposition testimony excluded if it wasn't taken under oath or transcribed verbatim?

Not automatically. Evidence obtained through a letter of request is not excluded merely because it lacks a verbatim transcript, was not taken under oath, or otherwise departs from domestic deposition requirements.

How does someone use an out-of-state subpoena to get discovery in Wyoming?

The party submits the foreign subpoena to a clerk of court in the Wyoming county where discovery is sought. The clerk then issues a matching Wyoming subpoena, which must be served and enforced under Wyoming's own procedural rules.

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. Rule text and amendment history are reproduced verbatim from the Wyoming Rules of Civil Procedure, adopted by the Supreme Court of Wyoming. Last verified July 14, 2026. · Official source

Also known as: who can take a depositiondeposition officer requirementsforeign country deposition ruleinterstate subpoena for discoveryletter rogatory deposition