Depositions

The short version

Depositions are a key part of gathering information in a lawsuit before a trial. They involve a witness answering questions under oath outside of court, and their answers are recorded. This process helps all parties understand the facts of the case and prepare for trial, or sometimes even settle the case without a trial.

The law this is built on

Every point below comes from the authority named next to it. Verify the current text before relying on it.

• Fed. R. Civ. P. 30(a)(1)

  A party may, by oral questions, depose any person, including a party, without leave of court except as provided in Rule 30(a)(2).

  Why it matters: This means you can question someone under oath as part of a federal lawsuit, usually without needing special permission from the judge.

• Fed. R. Civ. P. 30(c)(1)

  The officer before whom the deposition is to be taken must administer an oath or affirmation to the deponent.

  Why it matters: The witness must swear to tell the truth, making their testimony legally binding, just like in court.

• Fed. R. Civ. P. 30(b)(3)(A)

  The party who notices the deposition must state the method for recording the testimony, such as by sound, sound-and-visual, or stenographic means.

  Why it matters: The deposition is formally recorded, either in writing by a court reporter, on audio, or on video, so there's an official record of what was said.

• Fed. R. Civ. P. 30(d)(1)

  Unless otherwise stipulated or ordered by the court, a deposition is limited to 1 day of 7 hours.

  Why it matters: There's a general time limit on how long a deposition can last, though a judge can allow more time if needed.

Words you need to know

Deposition

A formal, out-of-court interview where a witness gives sworn testimony, answering questions from lawyers for opposing parties.

Deponent

The person being questioned during a deposition. This could be you, another party in the lawsuit, or an independent witness.

Discovery

The pre-trial phase in a lawsuit where each side gathers evidence from the other. Depositions are a key part of discovery.

Oath/Affirmation

A solemn promise to tell the truth. In a deposition, this is given to the deponent by an officer (usually a court reporter) before questioning begins, as required by Fed. R. Civ. P. 30(c)(1).

Court Reporter

A neutral, trained professional who records every word spoken during the deposition. They create a written transcript of the proceedings.

Transcript

The official written record of everything said during a deposition, prepared by the court reporter.

Objection

A formal statement by a lawyer during a deposition, challenging a question or how it's asked. Most objections are noted for the record and the deponent usually still answers the question, as per Fed. R. Civ. P. 30(c)(2).

Your rights

• ✓You have the right to have your lawyer present during your deposition.
• ✓Your lawyer can object to questions that are improper, as allowed by Fed. R. Civ. P. 30(c)(2).
• ✓You can review the transcript of your deposition and make changes if the court reporter made errors in recording your answers, according to Fed. R. Civ. P. 30(e).
• ✓You have the right to refuse to answer questions if your lawyer instructs you not to, such as to preserve a privilege or enforce a court-ordered limitation, as stated in Fed. R. Civ. P. 30(c)(2).

How the process actually works

1. 1
   Notice of Deposition

   Usually after the lawsuit is filed and before discovery ends.

   One party sends a formal written notice to the other parties, stating who will be deposed, when and where it will happen, and how it will be recorded (e.g., written transcript, video). Fed. R. Civ. P. 30(b)(1) and (b)(3)(A).

2. 2
   Subpoena (if needed)

   Issued and served before the deposition date.

   If the person to be deposed is not a party to the lawsuit, they must be served with a subpoena to legally compel their attendance. Fed. R. Civ. P. 45 explains how subpoenas work.

3. 3
   Oath Administered

   At the very beginning of the deposition.

   At the start of the deposition, a court reporter (who is a neutral officer) puts the deponent under oath or affirmation, meaning they promise to tell the truth. Fed. R. Civ. P. 30(c)(1).

4. 4
   Questioning

   During the deposition, typically limited to 7 hours over 1 day, as per Fed. R. Civ. P. 30(d)(1).

   Lawyers for the opposing parties ask the deponent questions. Your own lawyer may also ask questions, usually at the end. The court reporter records everything said.

5. 5
   Objections

   As questions are asked, if an objection is warranted.

   Lawyers may make objections during the deposition, but generally, the deponent still answers the question. The objection is noted in the record. Fed. R. Civ. P. 30(c)(2).

6. 6
   Transcript Review (Optional)

   After the transcript is prepared by the court reporter.

   After the deposition, the deponent has the option to review the written transcript and sign it. They can make changes if the transcript inaccurately captured their testimony. Fed. R. Civ. P. 30(e).

Deadlines that can end your case

• Notice of Deposition
  Reasonable notice (Fed. R. Civ. P. 30(b)(1))

  While no specific number of days is stated in the rule, courts generally expect enough time for the deponent and lawyers to prepare. If notice is too short, a judge can stop or reschedule the deposition.

• Limit on Depositions Without Court Permission
  No more than 10 depositions (Fed. R. Civ. P. 30(a)(2)(A)(i))

  Each side is generally limited to 10 depositions in total. If a party wants to take more, they must ask the court for permission, and the judge may say no.

• Review of Transcript
  30 days after being notified the transcript is available (Fed. R. Civ. P. 30(e))

  If you don't review and sign the transcript within this timeframe (unless the parties agree otherwise), it will be considered accurate as recorded by the court reporter.

Common questions

How this changes by state

While the Federal Rules of Civil Procedure govern depositions in federal courts, each state has its own set of rules for depositions in state courts. State rules are often similar to the federal rules, but they may differ on specific details like the number of depositions allowed, time limits for questioning, or notice requirements. You can find your state's specific rules by looking up your state's Rules of Civil Procedure, usually available on your state judiciary's website or through legal research tools.

When you need a lawyer

You should hire a lawyer immediately if you are served with a notice of deposition or a subpoena to appear for a deposition, or if you believe you will be deposed in a lawsuit. A lawyer can explain the process, prepare you for questioning, represent you during the deposition, and protect your rights by objecting to improper questions or instructing you not to answer when legally permissible.

Do this today

• →If you have received a deposition notice or subpoena, contact a lawyer to discuss it immediately.
• →Gather any documents or information related to the topic of the deposition to review with your lawyer.
• →Understand the date, time, and location of your deposition.
• →Discuss with your lawyer what to expect and how to prepare for your testimony.