Depositions

When the depositions is used

Timing: during discovery. Discovery is the stage where the parties exchange information. In most federal cases it follows the Rule 26(f) conference.

What the rule requires

• Leave of court is required if the deposition would result in more than 10 depositions by the plaintiffs, or by the defendants, or by the third-party defendants (Rule 30(a)(2)(A)(i)).
• Unless otherwise stipulated or ordered, a deposition is limited to one day of 7 hours (Rule 30(d)(1)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 30 online. Also, the federal judiciary publishes the current rules and recent amendments.

The depositions in state court

This page covers the federal version. In state court, the depositions may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Discovery: the pretrial process in which parties obtain information and evidence from each other and from nonparties.
• Deposition: out-of-court testimony given under oath and recorded, usually in question-and-answer form.
• Deponent: the person whose deposition is being taken.

Related procedures

Similarly, these procedures often come up alongside it:

• Subpoena: a court command requiring a person — often a nonparty — to testify or produce documents.
• Motion for a Protective Order: a request that the court, for good cause, protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense in discovery.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.