Persons Before Whom Depositions May Be Taken

(a) WITHIN THE UNITED STATES. (1) In General. Within the United States or a territory or in- sular possession subject to United States jurisdiction, a depo- sition must be taken before: (A) an officer authorized to administer oaths either by federal law 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). Rule 29 FEDERAL RULES OF CIVIL PROCEDURE 48 (b) IN A FOREIGN COUNTRY. (1) In General. A deposition may be taken in a foreign coun- try: (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 ex- amination; or (D) before a person commissioned by the court to admin- ister any necessary oath and take testimony. (2) Issuing a Letter of Request or a Commission. A letter of re- quest, 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 an- other 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 ad- dressed ‘‘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. (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 finan- cially interested in the action. (As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 1, 1963; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 1, 2007, eff. Dec. 1, 2007.)