Section 6-328 - [Effective 1/1/2025] Persons before whom depositions may be taken(a) Within the United States. (1) Within this State. Within this state, a deposition must be taken before an officer authorized to administer oaths by the law of this state.(2) Elsewhere Within the United States. Within other states of the United States or within a territory or insular possession subject to the jurisdiction of the United States, a deposition 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 in which the action is pending to administer oaths and take testimony.(3) 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 the 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 financially interested in the action.Amended January 27, 2021, effective 2/16/2021; amended November 13, 2024, effective 1/1/2025.COMMENTS TO § 6-328
[1] The original version of subpart (a) listed by title the officers before whom a deposition could betaken in Nebraska. The 2024 Amendments deleted the list and replaced it with a statement that a deposition may be taken in Nebraska before an officer authorized by law to administer oaths. Those officers are identified by statute. See Neb. Rev. Stat. § 24-1002; Neb. Rev. Stat. § 64-107; Neb. Rev. Stat.§ 64-107.01. The 2024 Amendments also added subpart (a)(3) to make it clear that the term "officer" as used in §§ 6-330 to 6-332 includes a person who serves as the deposition officer by stipulation of the parties.
[2] Subpart (b) governs depositions taken in foreign countries for cases pending in Nebraska. The subpart was updated by the 2024 Amendments to include treaties and conventions. The original version of the rule included a subpart on taking depositions in Nebraska for cases pending in foreign countries. That subpart was deleted by the 2024 Amendments because it was unnecessary in light of 28 U.S.C. § 1782.