Conn. Practice Book § 13-28 (2026)

Sec. 13-28. —Persons before Whom Depo- sition May Be Taken for Use in Proceedings in this State (Amended June 12, 2025, to take effect Jan. 1, 2026.) (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 Inter- state 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 com- missioned 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

© Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—PROCEDURE IN CIVIL MATTERS Sec. 13-28A administer any necessary oaths and to take tes- timony. (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 minis- ter, 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. (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. 237 Sec. 13-28A. —Deposition Subpoenas (a) In an action pending in this state, any judge or clerk of any court in this state or Commissioner of the Superior Court, may issue a subpoena, upon request, for the appearance of any witness before a person designated in Section 13-28 (a) 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. (b) In any action pending in another state, as defined in General Statutes § 52-656 (4), that has adopted the Interstate Depositions and Discovery Act, any judge or clerk of the Connecticut Superior Court, upon receipt of the documents required by General Statutes § 52-657, may issue a sub- poena in accordance with the procedures set forth in General Statutes § 52-657 for discovery to be had in this state. (c) A subpoena issued for the taking of a deposi- tion 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 a judge of the Superior 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. (d) (1) Any person to whom a subpoena has been directed, which subpoena commands (A) the person’s appearance at a deposition, or (B) the production, copying or inspection of books, papers, documents or tangible things may, within fifteen days after the service thereof or on or before the time specified in the subpoena for com- pliance if such time is less than fifteen days after service, serve upon the party who requested issu- ance of the subpoena written objection to appearing or producing, copying or permitting the inspection of such books, papers, documents or tangible things. Service of the objection shall be made by United States mail, certified or registered, postage prepaid, return receipt requested, without the use of a state marshal or other officer. If the objection is based upon the subpoenaed person incurring unreasonable expense, such written objection shall be accompanied by an affidavit of costs set- ting forth the estimated or actual costs of compli- ance with such subpoena, including, but not limited to, the person’s attorney’s fees or the costs to such person of electronic discovery.

© Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—PROCEDURE IN CIVIL MATTERS