Rule 13-28. Persons before Whom Deposition May Be Taken for Use in Proceedings in this State

(a) Within this state, depositions shall be taken before a judge or clerk of any court, notary public or Commissioner of the Superior Court.

(b) In any other state, as defined in General Statutes § 52-656 (4), that has adopted the Interstate Depositions and Discovery Act, depositions for use in a civil action, probate proceeding or administrative appeal within this state shall be taken before a person authorized by that state to administer oaths. In any other state that has not adopted the Interstate Depositions and Discovery Act, depositions for use in a civil action, probate proceeding or administrative appeal within this state shall be taken before a notary public of such state, a commissioner appointed by the governor of this state, any magistrate having power to administer oaths in such state, or a person commissioned by the Superior Court before which such action or proceeding is pending, or when such court is not in session, by any judge thereof. Any person so commissioned shall have the power by virtue of that person's commission to administer any necessary oaths and to take testimony.

(c) Outside of the United States, depositions for use in a civil action, probate proceeding or administrative appeal within this state shall be taken before a notary public of such country, a commissioner appointed by the governor of this state, any magistrate having power to administer oaths in such country, or a person commissioned by the Superior Court before which such action or proceeding is pending. Additionally, such a deposition may be taken before any foreign minister, secretary of a legation, consul or vice-consul appointed by the United States or any person by him or her appointed for the purpose and having authority under the laws of the country where the deposition is to be taken; and the official character of any such person may be proved by a certificate from the secretary of state of the United States.

Committee Notes

(Amended June 12, 2025, to take effect Jan. 1, 2026.) (P.B. 1978-1997, Sec. 245.) (Amended June 21, 2004, to take effect Jan. 1, 2005; amended June 24, 2016, to take effect Jan. 1, 2017; amended June 12, 2025, to take effect Jan. 1, 2026.) HISTORY—2026: Prior to 2026, the title to this section read: ''—Persons before Whom Deposition Taken; Subpoe- nas.'' Additionally, what had been the second, third and fourth sentences of subsection (a) were deleted. Furthermore, prior to 2026, subsections (b) and (c) read: ''(b) Each judge or clerk of any court, notary public or Com- missioner of the Superior Court, in this state, may issue a subpoena, upon request, for the appearance of any witness before an officer authorized to administer oaths within this state to give testimony at a deposition subject to the provisions of Sections 13-2 through 13-5, if the party seeking to take such person's deposition has complied with the provisions of Sections 13-26 and 13-27. ''(c) A subpoena issued for the taking of a deposition may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents or tangible things which constitute or contain mat- ters within the scope of the examination permitted by Sections 13-2 through 13-5. Unless otherwise ordered by the court or agreed upon in writing by the parties any subpoena issued to a person commanding the production of documents or other tangible thing at a deposition shall not direct compliance within less than fifteen days from the date of service thereof.'' Additionally, what had been subsections (d) through (g) were deleted. COMMENTARY—2026: The changes to this section have been made in response to the adoption of the Interstate Depo- sitions and Discovery Act, now codified at General Statutes § 52-655 et seq. Former subsection (a) has been divided into three subsections. Each of them addresses depositions for use in in-state actions. They identify the persons before whom depositions may be taken where (a) the deposition is in this state, (b) the deposition is in another state or territory of the United States, and (c) the deposition is outside the United States. Former subsections (b) through (g) were moved from this section to a new Section 13-28A, which specifically addresses deposition subpoenas.