Depositions by Oral Examination

(a) WHEN A DEPOSITION MAY BE TAKEN. (1) Without Leave. A party may, by oral questions, depose any person, including a party, without leave of court except as provided in Rule 30(a)(2). The deponent’s attendance may be compelled by subpoena under Rule 45. (2) With Leave. A party must obtain leave of court, and the court must grant leave to the extent consistent with Rule 26(b)(1) and (2): (A) if the parties have not stipulated to the deposition and: (i) the deposition would result in more than 10 depo- sitions being taken under this rule or Rule 31 by the plaintiffs, or by the defendants, or by the third-party defendants; (ii) the deponent has already been deposed in the case; or (iii) the party seeks to take the deposition before the time specified in Rule 26(d), unless the party certifies in the notice, with supporting facts, that the deponent is expected to leave the United States and be unavail- able for examination in this country after that time; or (B) if the deponent is confined in prison. (b) NOTICE OF THE DEPOSITION; OTHER FORMAL REQUIREMENTS. (1) Notice in General. A party who wants to depose a person by oral questions 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. If the name is unknown, the notice must provide a general de- scription sufficient to identify the person or the particular class or group to which the person belongs. (2) Producing Documents. If a subpoena duces tecum is to be served on the deponent, the materials designated for produc- tion, as set out in the subpoena, must be listed in the notice or in an attachment. The notice to a party deponent may be accompanied by a request under Rule 34 to produce documents and tangible things at the deposition. (3) Method of Recording. (A) Method Stated in the Notice. The party who notices the deposition must state in the notice the method for record- ing the testimony. Unless the court orders otherwise, tes- timony may be recorded by audio, audiovisual, or steno- graphic means. The noticing party bears the recording costs. Any party may arrange to transcribe a deposition. (B) Additional Method. With prior notice to the deponent and other parties, any party may designate another meth- od for recording the testimony in addition to that speci- fied in the original notice. That party bears the expense of the additional record or transcript unless the court orders otherwise. (4) By Remote Means. The parties may stipulate—or the court may on motion order—that a deposition be taken by telephone or other remote means. For the purpose of this rule and Rules Rule 30 FEDERAL RULES OF CIVIL PROCEDURE 50 28(a), 37(a)(2), and 37(b)(1), the deposition takes place where the deponent answers the questions. (5) Officer’s Duties. (A) Before the Deposition. Unless the parties stipulate otherwise, a deposition must be conducted before an offi- cer appointed or designated under Rule 28. The officer must begin the deposition with an on-the-record statement that includes: (i) the officer’s name and business address; (ii) the date, time, and place of the deposition; (iii) the deponent’s name; (iv) the officer’s administration of the oath or affir- mation to the deponent; and (v) the identity of all persons present. (B) Conducting the Deposition; Avoiding Distortion. If the deposition is recorded nonstenographically, the officer must repeat the items in Rule 30(b)(5)(A)(i)–(iii) at the be- ginning of each unit of the recording medium. The depo- nent’s and attorneys’ appearance or demeanor must not be distorted through recording techniques. (C) After the Deposition. At the end of a deposition, the of- ficer must state on the record that the deposition is com- plete and must set out any stipulations made by the attor- neys about custody of the transcript or recording and of the exhibits, or about any other pertinent matters. (6) Notice or Subpoena Directed to an Organization. In its no- tice or subpoena, a party may name as the deponent a public or private corporation, a partnership, an association, a gov- ernmental agency, or other entity and must describe with rea- sonable particularity the matters for examination. The named organization must designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf; and it may set out the matters on which each person designated will testify. Before or promptly after the notice or subpoena is served, the serving party and the or- ganization must confer in good faith about the matters for ex- amination. A subpoena must advise a nonparty organization of its duty to confer with the serving party and to designate each person who will testify. The persons designated must testify about information known or reasonably available to the orga- nization. This paragraph (6) does not preclude a deposition by any other procedure allowed by these rules. (c) EXAMINATION AND CROSS-EXAMINATION; RECORD OF THE EXAM- INATION; OBJECTIONS; WRITTEN QUESTIONS. (1) Examination and Cross-Examination. The examination and cross-examination of a deponent proceed as they would at trial under the Federal Rules of Evidence, except Rules 103 and 615. After putting the deponent under oath or affirmation, the offi- cer must record the testimony by the method designated under Rule 30(b)(3)(A). The testimony must be recorded by the officer personally or by a person acting in the presence and under the direction of the officer. (2) Objections. An objection at the time of the examination— whether to evidence, to a party’s conduct, to the officer’s qualifications, to the manner of taking the deposition, or to 51 FEDERAL RULES OF CIVIL PROCEDURE Rule 30 any other aspect of the deposition—must be noted on the record, but the examination still proceeds; the testimony is taken subject to any objection. An objection must be stated concisely in a nonargumentative and nonsuggestive manner. A person may instruct a deponent not to answer only when nec- essary to preserve a privilege, to enforce a limitation ordered by the court, or to present a motion under Rule 30(d)(3). (3) Participating Through Written Questions. Instead of partici- pating in the oral examination, a party may serve written questions in a sealed envelope on the party noticing the depo- sition, who must deliver them to the officer. The officer must ask the deponent those questions and record the answers ver- batim. (d) DURATION; SANCTION; MOTION TO TERMINATE OR LIMIT. (1) Duration. Unless otherwise stipulated or ordered by the court, a deposition is limited to one day of 7 hours. The court must allow additional time consistent with Rule 26(b)(1) and (2) if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination. (2) Sanction. The court may impose an appropriate sanc- tion—including the reasonable expenses and attorney’s fees in- curred by any party—on a person who impedes, delays, or frus- trates the fair examination of the deponent. (3) Motion to Terminate or Limit. (A) Grounds. At any time during a deposition, the depo- nent or a party may move to terminate or limit it on the ground that it is being conducted in bad faith or in a man- ner that unreasonably annoys, embarrasses, or oppresses the deponent or party. The motion may be filed in the court where the action is pending or the deposition is being taken. If the objecting deponent or party so de- mands, the deposition must be suspended for the time nec- essary to obtain an order. (B) Order. The court may order that the deposition be terminated or may limit its scope and manner as provided in Rule 26(c). If terminated, the deposition may be re- sumed only by order of the court where the action is pend- ing. (C) Award of Expenses. Rule 37(a)(5) applies to the award of expenses. (e) REVIEW BY THE WITNESS; CHANGES. (1) Review; Statement of Changes. 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 in which: (A) to review the transcript or recording; and (B) if there are changes in form or substance, to sign a statement listing the changes and the reasons for making them. (2) Changes Indicated in the Officer’s Certificate. The officer must note in the certificate prescribed by Rule 30(f)(1) whether a review was requested and, if so, must attach any changes the deponent makes during the 30-day period. (f) CERTIFICATION AND DELIVERY; EXHIBITS; COPIES OF THE TRAN- SCRIPT OR RECORDING; FILING. Rule 31 FEDERAL RULES OF CIVIL PROCEDURE 52 (1) Certification and Delivery. The officer must certify in writ- ing that the witness was duly sworn and that the deposition accurately records the witness’s testimony. The certificate must accompany the record of the deposition. Unless the court orders otherwise, the officer must seal the deposition in an en- velope or package bearing the title of the action and marked ‘‘Deposition of [witness’s name]’’ and must promptly send it to the attorney who arranged for the transcript or recording. The attorney must store it under conditions that will protect it against loss, destruction, tampering, or deterioration. (2) Documents and Tangible Things. (A) Originals and Copies. Documents and tangible things produced for inspection during a deposition must, on a par- ty’s request, be marked for identification and attached to the deposition. Any party may inspect and copy them. But if the person who produced them wants to keep the origi- nals, the person may: (i) offer copies to be marked, attached to the deposi- tion, and then used as originals—after giving all par- ties a fair opportunity to verify the copies by compar- ing them with the originals; or (ii) give all parties a fair opportunity to inspect and copy the originals after they are marked—in which event the originals may be used as if attached to the deposition. (B) Order Regarding the Originals. Any party may move for an order that the originals be attached to the deposi- tion pending final disposition of the case. (3) Copies of the Transcript or Recording. Unless otherwise stipulated or ordered by the court, the officer must retain the stenographic notes of a deposition taken stenographically or a copy of the recording of a deposition taken by another meth- od. When paid reasonable charges, the officer must furnish a copy of the transcript or recording to any party or the depo- nent. (4) Notice of Filing. A party who files the deposition must promptly notify all other parties of the filing. (g) FAILURE TO ATTEND A DEPOSITION OR SERVE A SUBPOENA; EX- PENSES. A party who, expecting a deposition to be taken, attends in person or by an attorney may recover reasonable expenses for attending, including attorney’s fees, if the noticing party failed to: (1) attend and proceed with the deposition; or (2) serve a subpoena on a nonparty deponent, who con- sequently did not attend. (As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 30, 1970, eff. July 1, 1970; Mar. 1, 1971, eff. July 1, 1971; Nov. 20, 1972, eff. July 1, 1975; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 29, 2015, eff. Dec. 1, 2015; Apr. 27, 2020, eff. Dec. 1, 2020.)