Depositions

Fundamentals

Seven-Hour Rule

Seven-Hour Rule

Seven-Hour Rule

Federal Rule 30(d)(1) limits a deposition to one day of seven hours. The limit measures testimony time, excluding breaks and lunch. Additional time must be allowed if needed to fairly examine or if the deponent or another impedes the examination.

Parties commonly stipulate to different limits.

Alternative Names:

One-Day Seven-Hour Limit, Deposition Time Limit

Why it Matters?

The rule measures on-the-record time, which means obstruction consuming the clock can support a motion for additional time and for costs. Documenting the time consumed by speaking objections and instructions is the practical response to a deposition being run out. For organizational depositions the limit applies per designee in most courts, which matters when an organization designates several people across many topics.

Frequently asked questions

Does the seven hours include breaks?

Does the limit apply per designee?