Under Rule 30(d)(3), a deponent or party may move to terminate or limit a deposition being conducted in bad faith or in a manner unreasonably annoying, embarrassing, or oppressive. The deposition is suspended while the motion is presented.
The moving party bears the burden.
Alternative Names:
Motion to Suspend Deposition, Rule 30(d)(3) Motion
Why it Matters?
Suspending a deposition is the correct response to genuinely abusive questioning and is the only proper alternative to instructing a witness not to answer on non-privilege grounds. The risk is that the burden falls on the moving party, and a motion that fails produces fee-shifting against the party that suspended. Calling the court from the deposition, where available, resolves the question faster and at less cost than briefing.
Frequently Confused with
Related terms
Frequently asked questions
When should a deposition be suspended?
What is the risk?
