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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? Meaning and definition
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)).
To be deposed means to be the person answering the questions, the deponent. To take a deposition means to ask them; the party who gives the notice is the one taking it. The deposition date is the time and place the notice or subpoena states (Rule 30(b)(1)).
Quick guide
Which deposition rules apply to you?
1. What do you need to know?
Who is being deposed?
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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)). How to object to it, or ask the court to quash it, is on the subpoena page.
- 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)).
Is a judge at a deposition?
Usually not. A deposition is taken before an officer authorized to administer oaths, or before a person the court appoints to administer oaths and take testimony (Rule 28(a)). The officer can't be any party's relative, employee or attorney, be related to or employed by a party's attorney, or have a financial interest in the case (Rule 28(c)).
- Objections are noted on the record and the testimony goes on, subject to them (Rule 30(c)(2)). The judge rules later: at a hearing or trial, a party can object to deposition testimony that would be inadmissible if the witness were there testifying (Rule 32(b)).
- If a deposition is being conducted in bad faith, or in a way that unreasonably annoys, embarrasses or oppresses the deponent or a party, a motion can ask the court to end or limit it. If the objecting deponent or party demands it, the deposition is suspended for the time needed to get an order (Rule 30(d)(3)).
- The court can also order more time than the one day of 7 hours, or a deposition by telephone or other remote means (Rules 30(d)(1), 30(b)(4)).
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)).
Written depositions: questions in writing (Rule 31)
A party can also depose someone by written questions. The questions are served on every other party with a notice. The party who noticed the deposition delivers them to the officer, who takes the deponent's testimony in response to them, then prepares and certifies the deposition (Rule 31(b)). It has the same limits as an oral deposition: leave of court is needed for more than 10 per side, for a second deposition of the same person, before the time in Rule 26(d), or for a deponent in prison (Rule 31(a)(2)).
- The notice states, if known, the deponent's name and address, and the name or descriptive title and the address of the officer (Rule 31(a)(3)).
- A witness who isn't a party can be compelled to attend by subpoena under Rule 45 (Rule 31(a)(1)). A company, partnership, association or government agency answers through the people it designates (Rule 31(a)(4)).
- The other parties' questions are served on all parties: cross-questions within 14 days after being served with the notice and direct questions; redirect questions within 7 days after being served with cross-questions; recross-questions within 7 days after being served with redirect questions. The court may extend or shorten these times for good cause (Rule 31(a)(5)).
- When it is completed, the party who noticed it must notify all other parties (Rule 31(c)(1)).
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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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Using a deposition at trial, and deposition designations
A deposition can become evidence. At a hearing or trial, all or part of a deposition may be used against a party who was present or represented when it was taken, or had reasonable notice of it, to the extent the Federal Rules of Evidence would allow the testimony if the deponent were there testifying (Rule 32(a)(1)).
- To contradict the witness. Any party may use a deposition to contradict or impeach the testimony the deponent gives as a witness.Fed. R. Civ. P. 32(a)(2)
- A party's own deposition. An adverse party may use for any purpose the deposition of a party, or of anyone who, when deposed, was the party's officer, director, managing agent or designee.Fed. R. Civ. P. 32(a)(3)
- A witness who can't come. Any party may use a witness's deposition for any purpose if the court finds that the witness is dead; is more than 100 miles from the place of hearing or trial, or outside the United States, unless the party offering it caused the absence; can't attend or testify because of age, illness, infirmity or imprisonment; or couldn't be subpoenaed. On motion, exceptional circumstances can also allow it.Fed. R. Civ. P. 32(a)(4)
- Deposition designations. Before trial, each party must disclose the witnesses whose testimony it expects to present by deposition and, if the deposition wasn't taken stenographically, a transcript of the pertinent parts. These pretrial disclosures are due at least 30 days before trial unless the court orders otherwise. Within 14 days after they are made, a party may serve and file objections to the use of a designated deposition; an objection not made then is generally waived.Fed. R. Civ. P. 26(a)(3)(A)(ii), 26(a)(3)(B)
- Using only part. If a party offers only part of a deposition, an adverse party may require it to introduce other parts that in fairness should be considered with it, and any party may introduce other parts.Fed. R. Civ. P. 32(a)(6)
- Transcript or video. Unless the court orders otherwise, a party must provide a transcript of deposition testimony it offers. On any party's request, testimony offered in a jury trial for any purpose other than impeachment must be presented in nontranscript form, if available.Fed. R. Civ. P. 32(c)
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).
What does it mean to be deposed?
To be the person answering questions under oath at a deposition, called the deponent. A party takes the deposition by giving notice; a witness who isn't a party is called with a subpoena. See what it is.
Is a judge present at a deposition?
Usually not. It is taken before an officer authorized to administer oaths, who can't be related to, employed by or the attorney of a party (Rule 28). Objections are noted on the record and decided later, and a motion can ask the court to end or limit a deposition conducted in bad faith (Rule 30(d)(3)).
What is a written deposition?
A deposition by written questions under Rule 31. The questions are served with a notice; the other parties serve cross-questions within 14 days, then redirect and recross questions within 7 days each, and an officer takes the deponent's answers under oath. See written depositions.
What are deposition designations?
The parts of depositions a party plans to present at trial instead of live testimony. Federal Rule 26(a)(3) requires disclosing them at least 30 days before trial unless the court orders otherwise, and objections to their use are due within 14 days after. See at trial.
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.