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Rule28. Persons before whom depositions may be taken.

(a)Within the United States. Within the United States orwithin a territory or insular possession subject to the jurisdiction of the UnitedStates, depositions shall be taken before an officer authorized to administeroaths by the laws of the United States or of the place where the examination isheld, or before a person appointed by the court in which the action is pending.A person so appointed has power to administer oaths and take testimony. Theterm "officer" as used in Rules 30, 31, and 32 includes a person appointed bythe court or designated by the parties under Rule29.

(b)In foreign countries. In a foreign country,depositions may be taken (1) on notice before a person authorized to administeroaths in the place in which the examination is held, either by the law thereofor by the law of the United States, or (2) before a person commissioned by thecourt, and a person so commissioned shall have the power by virtue of hiscommission to administer any necessary oath and take testimony, or (3) pursuantto a letter rogatory. A commission or a letter rogatory shall be issued onapplication and notice and on terms that are just and appropriate. It is notrequisite to the issuance of a commission or a letter rogatory that the takingof the deposition in any other manner is impracticable or inconvenient; andboth a commission and a letter rogatory may be issued in proper cases. A noticeor commission may designate the person before whom the deposition is to betaken either by name or descriptive title. A letter rogatory may be addressed"To the Appropriate Authority in [here name of country]." Evidenceobtained in response to a letter rogatory need not be excluded merely for thereason that it is not a verbatim transcript or that the testimony was not takenunder oath or for any similar departure from the requirements for depositionstaken within the United States under these rules.

(c)Disqualification for interest. No deposition shallbe taken before a person who is a relative or employee or attorney or counselof any of the parties, or is a relative or employee of such attorney orcounsel, or is financially interested in the action.