Under Montana Rule of Civil Procedure 28 and Rule 30, depositions must be taken before an officer authorized to administer oaths, and the transcript must be properly certified. The certification must affirm that the testimony was accurately reported and transcribed and that the reporter held proper authorization at the time of the proceeding. Montana courts depend on the certified stenographic transcript as the authoritative record for motion practice and trial presentation.
Remote depositions are permitted in Montana by agreement of the parties or court order. The credentialing requirement for official stenographic transcripts applies equally in remote proceedings. Oath administration must comply with procedural rules, and certification language must conform to Montana standards. Audio or video recordings may supplement testimony but do not replace a certified transcript absent express agreement or judicial authorization.
For deposition transcripts intended for court filing, evidentiary reliance, or appellate preservation in Montana courts, retention of a properly credentialed CCR ensures compliance with Supreme Court standards and protects against admissibility objections.
Last reviewed for accuracy: April 2026