12.5.2023

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Lawyer Publications

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.

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana

Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon

Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

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  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 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.

 

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)

The officer must be in the same location as the deponent in order to administer the oath unless the parties stipulate otherwise.

 
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 By stipulation, via telephone or other remote electronic means. 30(b)(8) Per Rule 29, the parties may stipulate to modify discovery procedures. 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.