Colo. R. Civ. P. 28 (2026)

(a) Outside the State of Colorado. Depositions outside the State of Colorado shall be taken only upon proof that notice to take deposition has been given as provided in these rules. The deposition shall be taken before an officer authorized to administer oaths by the laws of this state, the United States or the place where the examination is to be held, or before a person appointed by the court in which the action is pending. A person so appointed has the power to administer oaths and take testimony.

(b) Disqualification for Interest. No deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is financially interested in the action.

(c) Commission or Letters Rogatory. A commission or letters rogatory shall be issued when necessary, on application and notice, and on terms that are just and appropriate. It is not a requisite to the issuance of a commission or letters rogatory that the taking of the deposition in any other manner is impracticable or inconvenient. Both a commission and letters rogatory may be issued in proper cases. Officers may be designated in the commission either by name or descriptive title. Letters rogatory may be addressed ‘‘to the appropriate authority in (here name the appropriate place).’’ The clerk shall issue a commission or letters rogatory in the form prescribed by the jurisdiction where the deposition is to be taken, such form to be prepared by the party seeking the deposition. The commission or letters rogatory shall inform the officer that the original sealed deposition shall be filed according to subsection (d) of this rule. Any error in the form or in the commission or letters rogatory is waived unless an objection is filed and served before the time fixed in the notice.

(d) Filing of the Deposition. The officer transcribing the deposition shall file the original sealed deposition pursuant to C.R.C.P. 30(f)(1).

Cross references: For persons authorized to administer oaths or affirmations, see § 24-12-103, C.R.S.; for objections to admissibility, see C.R.C.P. 32(b).

COMMITTEE COMMENT

Commissions and letters rogatory are unnec- The Federal Rules of Civil Procedure specifiessary when: (1) the deposition is being taken cally define court-appointed persons or stipubefore an officer authorized to administer oaths lated persons as ‘‘officers’’ under rules 30, 31 in Colorado, (2) the Court has appointed a per- and 32. The Committee follows this principle son under subsection (a), or (3) when the parties but feels that it need not be specifically set forth have stipulated to the person pursuant to in the Colorado rule. C.R.C.P. 29.