US Remote Deposition and Oath Status
Remote depositions have become accepted and more commonplace as a result of the COVID-19 pandemic. This list tracks the various state and federal authorities that govern remote depositions and the administration of oaths or affirmations when the court reporter or notary is not in the same room as the witness. The list contains a link to each state's law or rule related to remote depositions and a link to any statute, executive, or supreme court order authorizing remote oaths. The list is updated periodically and subject to change to reflect each state's revisions to its remote deposition and oath rules.
| State | Remote Deposition | Remote Oath | Additional information | ||
| Alabama | By stipulation, via telephone or other audiovisual communication. 30(b)(7) | A witness may be may be sworn in remotely if the deposition was conducted remotely and allows the witness and court reporter to view and communicate with one another. 30(b)(8) | |||
| Alaska | By stipulation, via telephone or other remote electronic means 30(b)(7). See also 30.1 for audio/audiovisual deposition rules. | 30(c) states that for an audio or audiovisual deposition, any officer authorized by the laws of this state to administer oaths shall swear the witness. | See also Rule 29 which allows the parties, via stipulation, to modify procedures governing discovery. | ||
| Arizona | By agreement of the parties, via telephone or other remote means. 30(b)(4) | 30(b)(4) also notes that if the deponent is not in the officer's physical presence, the officer may nonetheless place the deponent under oath or affirmation with the same force and effect as if the deponent was in the officer's physical presence. | |||
| Arkansas | By stipulation, via telephone or other remote electronic means. 30(b)(7) | See Rule 29 which allows the parties to modify discovery procedures via stipulation. | See also Arkansas Code Chapter 14 Title 21 Subchapter 3 which contains Arkansas' RON law which generally allows remote oaths. | ||
| California | Via telephone, videoconference, or other remote electronic means. 3.1010(a) | California Code of Civil Procedure 2025.310 allows a deposition officer to swear in a deponent via telephone or remote electronic means. | |||
| Colorado | See also Colorado's RON law which allows for remote oaths (24-21-501 – 24-21-540) | ||||
| Connecticut | Per 13-30(g), the parties may stipulate in writing and file with the court, or the court may, upon motion order, that a deposition be taken by telephone, videoconference, or other remote electronic means. | An officer, as identified in General Statutes § 1-24, may administer an oath by means of an interactive audiovisual device to any party, witness or other participant in a proceeding who appears pursuant to this section, provided such officer can see, hear, and clearly identify the participant to whom the oath is to be administered via the audiovisual device Practice Book 23-68(e) | |||
| Delaware | By stipulation, via telephone or other remote electronic means. 30(b)(7) | See Rule 29 which allows the parties to modify discovery procedures via stipulation. | See also Delaware RON law section 4320 for remote oaths. | ||
| Florida | As stipulated by the parties or by order of the court, via communication technology. 1.131(b)(7) | Per Rule of General Practice and Judicial Administration 2.530(b)(2)(B), an oath may be administered remotely. | See also the definition of "communication technology" per 2.530 of the Rule of General Practice and Judicial Administration. | ||
| Georgia | By stipulation, via telephone or other remote electronic means. 9-11-30(b)(4) | See 9-11-29 which allows the parties to modify discovery procedures via stipulation. | |||
| Hawaii | By stipulation, via telephone or other remote electronic means. 30(b)(7) | See Rule 29 which allows the parties to modify discovery procedures via stipulation. | See also Hawaii RON law 456-23 which allows for the remote administration of oaths. | ||
| Idaho | By stipulation, via telephone or other remote means. 30(b)(4) | See Rule 29 which allows the parties to modify discovery procedures via stipulation. | Per RON law 51-114A, which authorizes remote oaths. | ||
| Illinois | Via telephone, videoconference, or other remote electronic means, subject to objection. 206(h) | If the parties agree, the officer administering the oath does not need to be in the physical presence of the deponent. 206(h) | |||
| Indiana | Rule 30 does not state the precise manner in which a deposition may be taken (in person or remotely). | Per Supreme Court interim order, oaths may be administered remotely. | |||
| Iowa | Via telephone. 1.701(7) | See Rule 1.506 which allows the parties to modify discovery procedures via stipulation. | See also Iowa's RON law. | ||
| Kansas | By stipulation, via telephone or other remote means. 60-230(B)(4) | See Rules 60-229 which allows the parties to modify discovery procedures via stipulation. | See also Kansas' RON law. | ||
| Kentucky | CR 29 states, by stipulation, depositions may be taken "in any manner and when so taken may be used like other depositions." | CR 29 states, by stipulation, the parties may modify the procedures of discovery. | Note that individual circuits, like the 3rd Judicial Circuit, have specific rules allowing remote depositions. See KY RCCC Rule 19. Rule 30.02(4) has rules and requirements for the use of video-recorded depositions. See also Kentucky's RON law | ||
| Louisiana | If the parties agree, via telephone or other remote electronic means. 1436.1 | Per Rule 1436, the parties may stipulate to modify discovery procedures. |
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| Maine | By stipulation, via telephone. 30(b)(7) | Yes, by Supreme Court order, in effect until further ordered. Allows oaths to be administered without being in the presence of the deponent. Updated 03.30.2023. | |||
| Maryland | The parties may stipulate, or the court on motion may order, that a deposition be taken by telephone or other remote electronic means. 2-418 | The officer before whom the deposition is taken may administer the oath by telephone other remote electronic means. 2-418 | |||
| Massachusetts | Per rule 30(b)(4), by leave of court upon motion with notice and opportunity to be heard in opposition, or by stipulation in writing of all parties, a deposition may be taken by telephone or other remote means. | By Supreme Court order. "[A]n officer or other person before whom the deposition is to be taken is hereby authorized by the court to administer oaths and take testimony without being in the presence of the deponent, so long as the officer or other person before whom the deposition is to be taken can both see and hear the deponent via audio-video communication equipment or technology for purposes of positively identifying the deponent." | |||
| Michigan | Rule 3.306 does not explicitly state whether depositions must be in person. However, the parties may stipulate how depositions are conducted per 2.302(F)(1). | Per Rule 2.302(F)(1), the parties may stipulate to modify discovery procedures. | Rule 2.315 governs depositions taken by means of simultaneous audio and visual electronic recording | ||
| Minnesota | By stipulation, via telephone or other remote electronic means. 30.02(g) | Per Rule 29, the parties may stipulate to modify discovery procedures. | |||
| Mississippi | Via telephone. 30(b)(1) | Per Rule 29, the parties may stipulate to modify discovery procedures. | |||
| Missouri | Per Rule 57.03(b)(1), depositions may be conducted by telephone or other remote means. | Per Rule 57.03(b)(1), the oath may be administered remotely. | |||
| Montana | By stipulation, via telephone or other remote means. 30(B)(4) | Per Rule 29, the parties may stipulate to modify discovery procedures. | |||
| Nebraska | By stipulation, via telephone or other remote means. 6-330(b)(7) | ||||
| Nevada | By stipulation, via telephone or other remote means. 30(b)(4) | Per Rule 29, the parties may stipulate to modify discovery procedures. | |||
| New Hampshire | Rule 26 regarding depositions does not state whether depositions may be performed remotely. | No guidance found regarding whether oaths may be administered remotely. | See also NH's RON law. | ||
| New Jersey | Rule 4:14 does not explicitly state whether depositions may be conducted remotely, but the parties may stipulate as to how the deposition may be conducted per Rule 4:13. | Per Rule 4:13, the parties may stipulate to modify discovery procedures. | |||
| New Mexico | Via telephone or other remote electronic means. 1-030(B)(7) | Per Rule 1-029, the parties may stipulate to modify discovery procedures. | |||
| New York | By stipulation, by telephone or other remote electronic means. 3113(d) | The officer administering the oath shall be physically present at the place of the deposition, but the parties may stipulate otherwise. 3113(d) | |||
| North Carolina | By stipulation, via telephone. 30(b)(7) | Per Rule 29, the parties may stipulate to modify discovery procedures. | |||
| North Dakota | By stipulation, via telephone or other remote means. 30(b)(4) | Per Rule 29, the parties may stipulate to modify discovery procedures. | See also the state's RON law which provides that oaths may be administered remotely. | ||
| Ohio | By stipulation, by telephone or with one or more participants in a remote presence. 30(B)(6) | Per Rule 29, the parties may stipulate to modify discovery procedures. | |||
| Oklahoma | By stipulation, via telephone or other remote electronic means. 12-3230(B)(6) | Per Rule 3229, the parties may stipulate to modify discovery procedures. | See also Oklahoma Bar Association guidance interpreting Rule 34 Videoconferencing in the District Courts to apply generally. | ||
| Oregon | By stipulation, via telephone. 39(C)(7) | An oath may be given over the phone or in person, at the election of the party taking the deposition. 39(C)(7) | |||
| Pennsylvania | The rules regarding depositions do not explicitly state whether they may be conducted remotely. | The rules regarding depositions do not explicitly state whether an oath may be administered remotely. | Per Rule 4002, the parties may stipulate to modify discovery procedures. | ||
| Rhode Island | By stipulation, via telephone or other remote electronic means. 30(b)(7) | Per Rule 29, the parties may stipulate to modify discovery procedures. | |||
| South Carolina | By stipulation, via telephone. 30(b)(7) | Per Supreme Court order, audio and visual are preferred, but audio only is permitted. | |||
| South Dakota | By stipulation, via telephone or other remote means. 15-6-30(b)(7) | Per Rule 15-6-29, the parties may stipulate to modify discovery procedures. | |||
| Tennessee | By stipulation, via telephone. 30.02(7) | Per Rule 29, the parties may stipulate to modify discovery procedures. | |||
| Texas | By telephone or other remote electronic means with reasonable prior written notice. 199.1(b) | Per Government Code 154.105, a certified shorthand reporter may administer oaths to witnesses without being at the same location as the witness. | |||
| Utah | Via remote electronic means. 30(b)(5) | Per Rule 29, the parties may stipulate to modify discovery procedures. | |||
| Vermont | By stipulation, via telephone or other remote electronic means. 30(b)(7) | Per Rule 29, the parties may stipulate to modify discovery procedures. | See also Vermont's RON law. | ||
| Virginia | Via telephone, videoconferencing, or teleconferencing. 4:5(b)(7) | Per Rule 4:4, the parties may stipulate to modify discovery procedures. | See also Virginia's rules on audiovisual depositions. | ||
| Washington | By stipulation, via telephone or other electronic means. 30(b)(7) | The oath may be administered remotely per 30(c). | |||
| Washington, D.C. | By stipulation, via telephone or other remote means. 30(b)(4) | Per Rules 29 and 30(b)(5), the parties may stipulate to modify discovery procedures. | |||
| West Virginia | See also West Virginia's RON law. | ||||
| Wisconsin | Via telephone. 804.05(8) | Oaths may be administered remotely. 804.03(4) | |||
| Wyoming | By stipulation, via telephone or other remote means. 30(b)(4) | Per Rule 29, the parties may stipulate to modify discovery procedures. |
