FRCP Rule 30 Depositions Guide

Notice Requirements and How to Schedule a Deposition

Under Rule 30(b)(1), a party who wants to take a deposition must give reasonable written notice to every other party. The notice must state the time and place of the deposition and the name or description of each person to be deposed. The rule does not define "reasonable" notice in days, but most courts expect at least 7 to 14 days, and more for out-of-state depositions or complex witnesses.

If you need the deponent to bring documents, you can attach a document subpoena to the notice. For non-party witnesses, you must also serve a subpoena under Rule 45 — a notice alone is not sufficient to compel a non-party to appear. Parties are required to appear when properly noticed; non-parties are not.

One practical timing issue: depositions must be completed before the close of fact discovery. Schedule depositions early enough that if problems arise — a witness is unavailable, needs to be rescheduled, or produces additional documents that require follow-up — you still have time to remedy them before the discovery cutoff.

The 10-Deposition Limit and How to Get More

Rule 30(a)(2) caps the number of depositions at 10 per side by default, without leave of court. This limit applies across the entire case, not per party. So if three plaintiffs collectively take 10 depositions, the limit is met for the plaintiff side. Plan your deposition strategy early to ensure you use your 10 depositions on the witnesses that matter most.

To exceed 10 depositions, you must either get the opposing party's written agreement or obtain leave of court. Courts will grant leave when you demonstrate good cause — for example, the case involves a large number of witnesses because of its complexity, or new witnesses emerged during discovery that justify additional depositions.

The 10-deposition default also means you need court permission to take a second deposition of a person who has already been deposed in the case. This rule prevents parties from repeatedly deposing the same witness to wear them down or harass them.

The 7-Hour Time Limit Under Rule 30(d)(1)

Rule 30(d)(1) limits oral depositions to one day of seven hours. This is the default — parties can stipulate to a longer deposition, or the court can order a longer examination on motion showing good cause. The seven-hour limit is per witness, not per session, meaning that if a deposition is continued on a second day, the total examination time still cannot exceed seven hours without permission.

The seven-hour clock counts actual examination time, not including breaks or off-the-record periods. If counsel takes frequent extended breaks or objects repetitively in ways that delay the examination, the examining attorney can ask the court to allow additional time beyond seven hours as a remedy for those interruptions.

Prepare efficiently for depositions to use your seven hours well. Have your exhibits organized, your outline ready, and your priorities clear. Many attorneys discover at hour five that they covered everything already, or at hour six that they are rushing through the most important topics because of poor time management. A detailed deposition outline with time estimates per topic is an underused tool.

Rule 30(b)(6): Deposing a Corporation or Organization

Rule 30(b)(6) is one of the most powerful and most contested tools in federal discovery. It allows a party to depose an organization — a corporation, government agency, partnership, or other entity — by serving a notice that lists specific topics the deposing party wants examined. The organization must then designate one or more individuals to testify on behalf of the organization on those listed topics.

The designated representative testifies not just from personal knowledge but on behalf of the entire organization. Their testimony binds the organization. This makes Rule 30(b)(6) depositions fundamentally different from individual depositions — the witness speaks for the company, not just for themselves.

The topic descriptions in the Rule 30(b)(6) notice must be described with reasonable particularity. Vague topics like "all aspects of the transaction" will be challenged, and courts often require narrowing. Be specific: list the particular decisions, policies, communications, or events you want to inquire about. Specific topics also help the organization designate the right person.

One practical trap: if the organization designates someone who clearly does not know the topics and has not been adequately prepared, that failure can be treated as a refusal to appear at deposition — sanctionable under Rule 37. When defending a Rule 30(b)(6) deposition, invest real time in preparing the witness on every noticed topic.

Objections During Depositions: The Basic Rules

Rule 30(c)(2) sets strict rules for objections during depositions. Objections must be stated concisely and in a non-argumentative, non-suggestive manner. After objecting, counsel must still instruct the witness to answer — with one exception: privilege. The only proper instruction not to answer at a deposition is when the witness would have to disclose privileged information or when the court has already entered a protective order limiting the scope of the deposition.

Objections are preserved for trial use, not decided at the deposition. The question of whether an objection is sustained or overruled is a question for the judge, not for the deposing attorney or the defending attorney at the table. The practical result: objections are noted for the record, the witness answers (except for privilege), and the admissibility fight happens later.

Coaching witnesses through objections — by making long "speaking objections" that tell the witness what not to say — is expressly prohibited. Courts have imposed sanctions including attorney fee awards against attorneys who use deposition objections as a coaching tool.

Common Rule 30 Deposition Mistakes

• ✗Scheduling depositions too close to the discovery cutoff: If a deposition has to be postponed or rescheduled, there may be no time to complete it before the cutoff without a court order.
• ✗Vague Rule 30(b)(6) topic descriptions: Overly broad or vague topics in a corporate deposition notice invite costly disputes and can result in the notice being quashed or limited by the court.
• ✗Failing to subpoena non-party witnesses: A deposition notice alone is not sufficient to compel a non-party to attend. If there is no Rule 45 subpoena, the non-party can simply not show up.
• ✗Using all 10 depositions before key witnesses emerge: New witnesses often surface during the first round of depositions. Reserve at least 2-3 deposition slots for witnesses identified during the course of discovery.

Common Questions About Rule 30 Depositions