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What is a deposition, and what happens at one in a federal case?
Key points
- What it is
- Questions and answers under oath, outside court, recorded by a court reporter. The transcript can be used as evidence.
- Notice
- The party taking it must give reasonable written notice of the time and place. A witness who isn't a party is called with a subpoena.
- Limits
- One day of 7 hours, unless the parties agree or the court orders otherwise. Each side takes no more than 10 depositions without agreement or the court's leave.
- Afterwards
- If review is requested before it ends, you get 30 days after notice that the transcript is ready to review it and sign any changes.
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A deposition is a question-and-answer session under oath that takes place outside court and is recorded. As the federal courts describe it, discovery may include a deposition, requiring a witness to answer questions about the case before the trial, under oath, in the presence of a court reporter, who produces a word-for-word account called a transcript. The person answering is the deponent.
Depositions are part of discovery, the stage where the parties exchange information before trial. Below: who can be deposed and how, what the notice must say, what happens in the room, objections and when a witness may be told not to answer, the time limit, reviewing the transcript, and how to prepare. Preparing means knowing the documents and the rules; the answers are your own true account.
At a glance
- Under oath
- YesRecorded by audio, audiovisual or stenographic means
- Time limit
- One day of 7 hoursUnless agreed or ordered, Rule 30(d)(1)
- Per side
- 10 depositionsWithout agreement or leave, Rule 30(a)(2)(A)(i)
- Transcript review
- 30 daysIf requested before it ends, Rule 30(e)(1)
What is a deposition?
The Northern District of California's handbook for people without lawyers describes it as a question-and-answer session that takes place outside of court but is recorded by a court reporter. One party asks another person, a party or a witness, who is under oath, questions about the issues raised in the lawsuit. The deponent can be any person who may have information about the lawsuit, including eye witnesses, expert witnesses or other parties.
- A party may depose any person, including a party, without the court's permission, except in the cases in Rule 30(a)(2) (Rule 30(a)(1)).
- Leave of court is needed if the deponent is confined in prison. It is also needed, unless the parties have stipulated to the deposition, when it would result in more than 10 depositions being taken by the plaintiffs, or by the defendants, or by the third-party defendants, or when the deponent has already been deposed in the case (Rule 30(a)(2)).
- A party may not seek discovery from any source before the parties have conferred under Rule 26(f), except where the rules, a stipulation or a court order allow it (Rule 26(d)(1)).
- A party can name a company, partnership, association or government agency as the deponent. The organization then designates people to testify about information known or reasonably available to it (Rule 30(b)(6)).
The deposition notice, and subpoenas
The 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, if known, the deponent's name and address (Rule 30(b)(1)). It must also state the method for recording the testimony; unless the court orders otherwise, testimony may be recorded by audio, audiovisual or stenographic means (Rule 30(b)(3)(A)). Documents the deponent is to bring under a subpoena are listed in the notice or an attachment (Rule 30(b)(2)).
- If you are a party, you are required to appear at a deposition in response to either a deposition notice or a subpoena. No subpoena is needed to depose a party.
- If you are not a party, your attendance can be compelled by subpoena under Rule 45 (Rule 30(a)(1)). The federal form is AO 88A, "Subpoena to Testify at a Deposition in a Civil Action". Serving it requires delivering a copy to you and tendering the fees for 1 day's attendance and the mileage allowed by law (Rule 45(b)(1)).
- A subpoena may command a person to attend a deposition only within 100 miles of where the person resides, is employed or regularly transacts business in person, or within that state for a party or a party's officer (Rule 45(c)(1)).
At the deposition: the oath and the record
A deposition is taken before an officer authorized to administer oaths (Rule 28(a)). The officer begins with an on-the-record statement that includes the officer's name and business address, the date, time and place, the deponent's name, the administration of the oath or affirmation to the deponent, and the identity of all persons present (Rule 30(b)(5)(A)).
- You answer all questions under oath, meaning you swear that your answers are true.
- The examination and cross-examination proceed as they would at trial under the Federal Rules of Evidence, with a few exceptions (Rule 30(c)(1)). Any party may ask the deponent questions.
- The parties may agree, or the court may order, that a deposition be taken by telephone or other remote means (Rule 30(b)(4)).
- The party who notices the deposition bears the recording costs (Rule 30(b)(3)(A)).
Objections, and when a witness may decline to answer
An objection, whether to evidence, to a party's conduct, to the officer's qualifications or to the manner of taking the deposition, must be noted on the record, but the examination still proceeds; the testimony is taken subject to the objection. An objection must be stated concisely in a nonargumentative and nonsuggestive manner (Rule 30(c)(2)).
A person may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation ordered by the court, or to present a motion under Rule 30(d)(3) (Rule 30(c)(2)). That motion asks the court to end or limit a deposition being conducted in bad faith or in a manner that unreasonably annoys, embarrasses, or oppresses the deponent or party; if the objecting deponent or party demands it, the deposition must be suspended for the time needed to get an order (Rule 30(d)(3)(A)).
How long can a deposition last?
Unless otherwise stipulated or ordered by the court, a deposition is limited to one day of 7 hours (Rule 30(d)(1)). The court must allow additional time if needed to fairly examine the deponent, or if the deponent, another person or any other circumstance impedes or delays the examination. The court may sanction a person who impedes, delays or frustrates the fair examination of the deponent (Rule 30(d)(2)).
A person who has already been deposed in the case can be deposed again only with the parties' agreement or the court's leave (Rule 30(a)(2)(A)(ii)).
Reviewing and correcting the transcript
On request by the deponent or a party before the deposition is completed, the deponent must be allowed 30 days after being notified by the officer that the transcript or recording is available, to review it and, if there are changes in form or substance, to sign a statement listing the changes and the reasons for making them (Rule 30(e)(1)). The officer notes in the certificate whether a review was requested and attaches any changes made during the 30-day period (Rule 30(e)(2)).
The 30 days are counted under Rule 6(a): leave out the day of the notice and count every day after it. If the last day falls on a Saturday, Sunday or legal holiday, it moves to the next day that is not one.
The officer must certify in writing that the witness was duly sworn and that the deposition accurately records the witness's testimony (Rule 30(f)(1)). After the deposition, it is the parties' responsibility to obtain the transcript from the court reporter.
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How to prepare for a deposition
The Northern District of California's handbook for people without lawyers gives these practical tips:
- Review documents beforehand. Reviewing the documents exchanged during initial disclosures and discovery helps you remember events and answer questions about them. If asked what you did to prepare, be prepared to state what you reviewed.
- Ask about unclear questions. It is acceptable for the deponent to ask for clarification before attempting to answer a question.
- Answer the question asked. Depositions go more smoothly when the deponent stays focused on the questions asked. If the questioner wants more information, they will ask another question.
- Use the end of the deposition. If something important did not come up, the deponent can state it at the end and ask the court reporter to write it down in the transcript.
Free help, and when to talk to a lawyer
If you have a lawyer in the case, prepare with your lawyer. If you don't, court help desks can help: the Northern District of California's handbook says you may contact its federal courthouse Legal Help Centers for general advice on preparing for your deposition, and the Southern District of New York lists a free, limited-scope legal assistance project for people without lawyers. Check your own court's website.
Common questions
What is a deposition?
Sworn testimony taken outside court before trial: a witness answers questions about the case under oath, and a court reporter produces a word-for-word transcript. It is part of discovery (Rule 30).
How long does a deposition last?
Unless the parties stipulate otherwise or the court orders it, no more than one day of 7 hours (Rule 30(d)(1)). The court must allow more time if needed for a fair examination.
Do I have to answer every question at a deposition?
Objections are noted on the record and the testimony is generally taken subject to them. A person may instruct a deponent not to answer only to preserve a privilege, to enforce a limitation ordered by the court, or to present a motion to end or limit a deposition conducted in bad faith or oppressively (Rule 30(c)(2)).
Can I change my deposition testimony afterward?
If you or a party asked before the deposition was completed, you have 30 days after the officer tells you the transcript is available to review it and sign a statement listing any changes in form or substance and the reasons for them (Rule 30(e)(1)).
Do you need a subpoena to depose someone?
Not a party, who must appear in response to a deposition notice. A witness who is not a party is compelled to attend with a subpoena under Rule 45, such as form AO 88A.
Can a deposition be taken by video or phone?
Testimony may be recorded by audio, audiovisual or stenographic means, as the notice states (Rule 30(b)(3)(A)), and the parties may agree, or the court may order, that it be taken by telephone or other remote means (Rule 30(b)(4)).
Who pays for a deposition?
The party who notices the deposition bears the recording costs (Rule 30(b)(3)(A)). A witness who is not a party must be tendered the fees for 1 day's attendance and the mileage allowed by law when the subpoena is served (Rule 45(b)(1)).
Official sources
- U.S. Courts: Civil cases uscourts.gov
- Federal Rules of Civil Procedure, as amended to December 1, 2025 (PDF) uscourts.gov
- N.D. Cal.: Representing Yourself in Federal Court, a handbook for pro se litigants (PDF, 2024) cand.uscourts.gov
- U.S. Courts: Civil forms, including the pro se forms uscourts.gov
- S.D.N.Y.: Representing yourself in federal court (pro se) nysd.uscourts.gov
- U.S. Courts: Court website links uscourts.gov
- U.S. Courts: Federal Rules of Civil Procedure uscourts.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.