Depositions: Noticing a Deposition (Federal)

by Practical Law Litigation

A Practice Note discussing the key procedural and substantive issues counsel must consider before noticing a deposition of a party or nonparty in federal civil litigation under Federal Rule of Civil Procedure (FRCP) 30. This Practice Note explains the rules governing who may be deposed, including individuals, business entities, government officials, experts, and, in limited circumstances, opposing counsel. It addresses crucial timing considerations, such as the general prohibition on depositions before the Rule 26(f) conference and what constitutes reasonable notice. This Practice Note also outlines when a party must seek leave of court to notice a deposition, for example, when seeking to exceed the ten-deposition limit or to re-depose a witness. It details the requirements for deposition location, distinguishing between parties and nonparties, and covers the process for conducting depositions by remote means. It further explores specific procedures like deposing high-level executives under the apex doctrine and noticing depositions for organizations under FRCP 30(b)(6).