Depositions look similar everywhere: a witness, a court reporter, lawyers, and sworn testimony. But the rules governing them are not uniform. Whether you proceed under the Federal Rules of Civil Procedure or a state's code can change how long you get, what objections you may make, how the witness can review the transcript, and even who is allowed in the room. This overview highlights the practical differences that matter most when you schedule and take depositions.
Where the Rules Live
Federal depositions are governed primarily by Rule 30 (oral depositions), Rule 31 (written questions), and Rule 32 (use at trial) of the Federal Rules of Civil Procedure, with Rule 26 controlling the broader discovery framework.
State depositions are governed by each state's own civil procedure code. Many states model their rules closely on the federal version, but a significant number diverge in important ways. California, Texas, New York, and Florida, for example, each have distinctive deposition provisions that surprise out-of-state counsel.
The practical takeaway: never assume the federal default applies in a state case, and never assume your home state's practice travels to another jurisdiction.
Time Limits
This is one of the most consequential differences.
- Federal: Rule 30(d)(1) caps a deposition at one day of seven hours, absent stipulation or court order. The seven hours generally counts time on the record, not breaks.
- State: Limits vary widely. Some states adopt the seven-hour federal model. Others, historically, imposed no firm hourly cap and instead relied on a "reasonableness" standard. California amended its rules to impose a seven-hour limit in many cases, with notable exceptions (for example, longer limits in complex or employment matters).
Always confirm the governing limit before noticing a long examination. If you need more time, seek a stipulation early rather than fighting about it at hour seven.
Number of Depositions
- Federal: Each side is generally limited to 10 depositions without leave of court or stipulation (Rule 30(a)(2)).
- State: Some states mirror the ten-deposition presumption; others set no numerical cap and control volume through proportionality and protective orders. Check whether the cap is per side or per party, because that distinction affects multi-party cases.
Objections and "Speaking" Objections
Federal practice is strict. Under Rule 30(c)(2), objections must be stated concisely in a nonargumentative and nonsuggestive manner. A lawyer may instruct a witness not to answer only to preserve a privilege, enforce a court limitation, or present a Rule 30(d)(3) motion. Coaching objections like "if you remember" or "if you understand the question" are disfavored and can draw sanctions.
States generally require objections to be preserved on the record but differ on how aggressively speaking objections are policed and on when a witness may be instructed not to answer. Some state courts tolerate more form objections than federal judges will.
The safe approach in any forum: keep objections to a single word or short phrase ("Objection, form") and avoid anything that signals an answer to the witness.
Witness Review and Signing
- Federal: Under Rule 30(e), the witness or a party must request review before the deposition is completed. If requested, the witness has 30 days after notice that the transcript is available to review and make changes in form or substance, with a statement of reasons.
- State: The default often flips. Many states allow review and signature unless waived, and timelines differ. The scope of permissible changes is also contested; some jurisdictions limit "errata" to genuine corrections rather than substantive rewrites.
Calendar the review window the moment the transcript is ready, because missing it can waive corrections.
Remote and Recorded Depositions
Remote depositions, common since 2020, are widely permitted but the mechanics differ. Federal Rule 30(b)(4) allows remote testimony by stipulation or court order, and the officer administering the oath may be at a different location. States vary on whether the oath can be administered remotely and on notary and reporter location requirements. Audio-visual recording is allowed in addition to or instead of stenographic transcription, but the noticing party usually must specify the method in advance.
Subpoenas and Out-of-State Witnesses
To compel a nonparty in federal court, you use a Rule 45 subpoena, and the place of compliance is limited (generally within 100 miles of the witness's residence or workplace). For state cases reaching across state lines, most states have adopted the Uniform Interstate Depositions and Discovery Act (UIDDA), which streamlines issuing an out-of-state subpoena by having the discovery state's clerk reissue it. Build extra lead time into the schedule for these requests.
Why the Reporter and Logistics Still Matter
Regardless of forum, the certified court reporter is the officer who swears the witness and certifies the transcript. Reporter availability, realtime feeds, rough drafts, and expedited delivery all affect your case rhythm. Rates vary regionally and by service level (standard versus expedited), so it pays to compare. You can browse and compare court reporters and reporting firms for free on courtreporter.co to find someone familiar with the rules of your jurisdiction.
A Practical Pre-Deposition Checklist
- Confirm whether the case is governed by federal or state rules, and pull the exact rule text.
- Verify the time limit and number-of-depositions cap; seek stipulations early.
- Decide on recording method and remote logistics, and put them in the notice.
- Know the witness-review default and calendar the deadline.
- For nonparties, confirm subpoena reach and UIDDA steps for out-of-state witnesses.
When in doubt, read the controlling rule rather than relying on habit. The differences between federal and state practice are small in theory and large in consequence.