Civil Procedure Multistate Bar Practice Exam

What is the limit on the number of depositions a party can take without court approval?

1. No limit applies

2. 5 depositions

3. 10 depositions

4. 15 depositions

The correct answer is: 10 depositions

In federal civil proceedings, under Rule 30 of the Federal Rules of Civil Procedure, a party is generally permitted to take up to 10 depositions without needing to seek approval from the court. This rule is intended to balance a party's right to gather evidence through discovery with the need to prevent undue burden or excessive costs. Each deposition can generally last for a maximum of one day, limited to seven hours, and parties are able to coordinate to ensure they can adequately prepare for and participate in these depositions. If the parties wish to exceed this limit, they would typically need to obtain leave from the court, which would involve demonstrating a valid need to take additional depositions beyond what is explicitly allowed. This framework for depositions supports both the efficient conduct of litigation and the fair treatment of all parties involved. The other choices, while they do provide specific numbers, do not align with the current federal rules governing depositions. This makes the option stating that a party can take up to 10 depositions without court approval the correct answer.