Also known as:FRCP 30 · Fed. R. Civ. P. 30 · Federal Rule of Civil Procedure 30 · Fed R Civ P 30
Written by attorneys · grounded in primary & secondary sources — see below
A procedural rule that permits a party to depose any person by oral questions without obtaining leave of court unless specific exceptions apply. The deponent's attendance may be compelled by subpoena.
Sources & Authorities
How it applies
Common Examples
6
Deposition Notice to Nonparty Engineer
Rosalind Reed serves a notice of oral deposition on Roberto Reyes, an independent engineer retained by the project owner, identifying the time, place, and matters for examination six weeks after filing the complaint. No facts show that the deposition would exceed ten total, that Reyes has already been deposed, or that any other exception applies. The deposition therefore proceeds on the notice alone.
Deposition of Corporate Officer
Rosalind Reed serves a notice of oral deposition on the defendant's vice president six weeks after filing the complaint. No facts show that the deposition would exceed ten total, that the officer has already been deposed, or that any other exception applies. The deposition therefore proceeds on the notice alone.
Select any source to read its text and confirm it supports the definition.
Federal Rules
Study Supplements
Moore v. New York Cotton Exchange270 U.S. 593, 610 (1926)
Deposition Before Rule 26 Conference
Rosalind Reed serves a notice of oral deposition on a key witness before the Rule 26(f) conference but includes the required certification. No facts show that the deposition would exceed ten total or that any other exception applies. The deposition therefore proceeds on the notice alone.
Arthur Andersen LLP. v. United States544 U.S. 696, 125 S.Ct. 2129, 161 L.Ed.2d 1008 (2005)
Deposition of Incarcerated Witness
Rosalind Reed serves a notice of oral deposition on a witness confined in prison. The notice identifies the time, place, and matters for examination six weeks after filing the complaint. Because the deponent is in prison, leave of court is required before the deposition may proceed.
Lassiter v. Department of Social Servs. of Durham Cty.452 U.S. 18 (1981)
Deposition After Prior Examination
Rosalind Reed serves a notice of oral deposition on a fact witness who was already deposed once in the same case. The notice identifies the time, place, and matters for examination six weeks after filing the complaint. Because the deponent has already been deposed, leave of court is required before the deposition may proceed.
Hickman v. Taylor329 U.S. 495, 507 (1949)
Deposition Exceeding Ten Total
Rosalind Reed serves a notice of oral deposition that would be the eleventh taken by the plaintiffs in the case. The notice identifies the time, place, and matters for examination six weeks after filing the complaint. Because the ten-deposition limit is exceeded, leave of court is required before the deposition may proceed.
Paramount Communications Inc. v. QVC Network Inc.637 A.2d 828, 1993 WL 544314, at *4-5 (Del. 1993)
Common questions
Frequently Asked
4
When must a party obtain leave of court before noticing an oral deposition?+
Leave is required when the deposition would result in more than ten depositions by the plaintiffs or defendants, when the deponent has already been deposed in the case, when the deposition is sought before the time specified in Rule 26(d) without the required certification, or when the deponent is confined in prison.
Supporting sources
Does Rule 30(a)(1) distinguish between party and nonparty deponents for the leave requirement?+
No. The rule expressly authorizes a party to depose any person, including a nonparty, without leave of court unless one of the enumerated exceptions in Rule 30(a)(2) applies.
Supporting sources
What must a deposition notice contain under the rules?+
The notice must state the time and place of the deposition and identify the deponent by name and address if known, or by a sufficiently specific description if the name is unknown.
Supporting sources
May a party notice a deposition to be recorded by video without prior court approval?+
Yes, provided the notice specifies the chosen recording method. The noticing party bears the initial cost of the designated method.
Supporting sources
544 U.S. 696, 125 S. Ct. 2129, 161 L. Ed. 2d 1008 (2005)White Collar Crime Law
…proposed, based on Shively , does not mirror the nexus requirement it now proposes, its actions were sufficient to satisfy Rule 30(d). This argument also was preserved in the Court of Appeals, which recognized that petitioner was challenging “the concreteness of the defendant’s expeetation[s] of a proceeding.” 374 F.…