Rule 30: Depositions by Oral Examination

Depositions are the most powerful and most expensive discovery tool. A deposition is live, sworn testimony taken outside of court, usually at a lawyer's office. The witness (deponent) answers questions under oath, and the testimony can be used at trial for impeachment or, in some cases, as substantive evidence.

Each side is limited to 10 depositions without leave of court, and each deposition is limited to one day of seven hours. These limits were added to prevent abuse and control costs, but the court can expand them for good cause. Nonparty witnesses must be compelled to attend via a subpoena under Rule 45.

Rule 30(b)(6) is particularly important for organizational depositions. Instead of naming a specific person, you can describe the topics you want to examine, and the organization must designate the most knowledgeable person to testify on each topic. If the designee is not adequately prepared, the organization has failed its duty and may face sanctions.