A deposition may run a few hours or most of a business day, depending on the case, the witness, the number of attorneys, and the rules that apply. In federal court, a deposition is presumptively limited to one day of seven hours, unless the parties agree otherwise or the court orders otherwise. That limit counts testimony only. Breaks fall outside it, so a full day usually runs closer to nine hours. Several states set shorter limits, and some case types remove the limit altogether.
This guide explains what the federal limit covers, when a deposition may run longer, how many depositions each side may take, and how four states answer the same question.
What the Seven-Hour Limit Covers
Federal Rule of Civil Procedure 30(d)(1) limits a deposition to one day of seven hours unless the parties stipulate otherwise or the court orders otherwise. The limit is a presumption, not a fixed ceiling. Consistent with Rule 26(b)(1) and (2), the court must allow additional time when more time is needed to examine the deponent fairly, or when the deponent, another person, or any other circumstance impedes or delays the examination.
Because the rule speaks in terms of one day, splitting a single examination across two half-days generally requires agreement or a court order.
Rule 30(d)(2) allows the court to sanction a person who impedes, delays, or frustrates the fair examination of the deponent, including an award of reasonable expenses and attorney fees. An attorney who runs the clock with speaking objections is not merely being difficult. The standards governing conduct during the deposition address timing as much as the record.
Do Breaks Count Toward the Seven Hours?
No. The Committee Notes to the 2000 amendment that created the limit state that it contemplates reasonable breaks during the day for lunch and other reasons, and that only the time occupied by the actual deposition is counted.
The practical effect is a longer day than the number suggests. Seven hours of testimony, one lunch break, and two or three short recesses produce a day of roughly nine hours. The scheduling lesson for Counsel is to plan around the length of the day when booking a certified court reporter, not just the testimony hours.
When May a Deposition Run Longer Than Seven Hours?
A deposition may run longer by agreement of the parties. Without agreement, the party seeking more time needs a court order and is expected to show good cause. The 2000 Committee Notes identify circumstances that commonly support additional time:
Interpreted testimony, which can take close to twice as long.
Testimony covering events over a long period.
Questioning about numerous or lengthy documents.
Testimony from expert witnesses.
Examining multiple parties. Although, the Committee Notes discourages duplicative questioning, and encourages parties with similar interests to be represented by one attorney whenever possible.
Two further grounds are often overlooked:
When documents were requested but not produced, further examination may be justified once production occurs.
When counsel for the witness wants to examine the witness, that examination may itself require additional time.
How Many Depositions May Each Side Take?
Under Rule 30(a)(2)(A)(i), a side needs leave of court, absent a stipulation, when a deposition would bring the total above ten depositions taken under Rule 30 or Rule 31. The ten are counted separately for the plaintiffs, the defendants, and the third-party defendants.
Two points are commonly misread. The limit belongs to a side, not to each litigant, so aligned defendants share the same ten. The count includes both oral examinations and depositions on written questions. Leave is also required to depose a person already deposed, or a person confined in prison.
Rule 30(b)(6): Durational and Numerical Limits Are Counted Differently
The two limits are often treated as one test. The Committee Notes treat them separately.
For the numerical limit, the 1993 Committee Notes provide that a Rule 30(b)(6) deposition counts as a single deposition, even when the organization designates more than one witness. For the durational limit, the 2000 Committee Notes provide that each person designated under Rule 30(b)(6) counts as a separate deposition.
The consequence is concrete. An organization that designates three witnesses on three topic sets has consumed one of the noticing side’s ten depositions and has exposed itself to three separate seven-hour examinations.
State Variations in Deposition Length
State courts do not always follow the federal seven-hour standard. Confirm the applicable state rule before the deposition is noticed.
California
Code of Civil Procedure section 2025.290 limits examination by all counsel, other than the witness’s counsel of record, to seven hours of total testimony.
The exceptions are broad. The limit does not apply to a designated expert, a complex case, or a most qualified person designee, and it does not apply when the parties stipulate otherwise. It also does not apply to a case brought by an employee or job applicant against an employer, or to a party who appeared after the deposition concluded. Within a complex case, a physician’s declaration of substantial medical doubt of survival beyond six months caps the examination at two days of no more than seven hours each. Section 2025.295 separately governs mesothelioma and silicosis actions.
Texas
Rule of Civil Procedure 199.5(c) provides that no side may examine or cross-examine an individual witness for more than six hours, and states expressly that breaks do not count.
Aggregate limits apply through the discovery levels: twenty hours per party in a Level 1 case under Rule 190.2, and fifty hours per side in a Level 2 case under Rule 190.3. When one side designates more than two experts, the opposing side may have an additional six hours for each additional expert designated.
Illinois
Supreme Court Rule 206(d) provides that no discovery deposition of any party or witness may exceed three hours, regardless of the number of parties, absent a stipulation by all parties or a court order for good cause. Rule 206(h)(5) adds that time spent addressing necessary technology issues at a remote deposition does not count against the limit.
The three-hour cap governs discovery depositions. Illinois separately recognizes evidence depositions, so the deposition type and the time limit are settled together at the notice stage.
Washington
Superior Court Civil Rule 30 sets no fixed hour cap of the federal kind. Length is managed through the general discovery framework, including protective orders under CR 26(c). A motion under CR 30(d) may limit the scope and manner of the examination, but it requires a showing of bad faith or of unreasonable annoyance, embarrassment, or oppression. Local rules and the case schedule order are usually where limits appear.
What Drives Deposition Length, and How to Plan for It
Rules set the ceiling. Preparation determines whether a deposition reaches it. Three factors drive real time, and each has a planning response.
Exhibit volume. A witness seeing three hundred pages for the first time will spend much of the day reading. Sending key documents in advance recovers real time.
Technology. A remote session that starts thirty minutes late because of a platform or audio problem loses thirty minutes of testimony. Confirm the platform, the exhibit method, and technical support before the session, and test the connection in advance rather than assuming it will hold.
Transcript review. A seven-hour day can produce several hundred transcript pages. Transcript summaries condense that record at a standard ten-to-one ratio, which shortens review.
Three steps taken before the notice goes out prevent most avoidable problems:
Confirm which limit applies. A state case may be governed by three hours in Illinois or six hours in Texas rather than the federal presumption.
Reserve the court reporter, legal videographer, and interpreter for the full day, not the testimony hours.
When a case may need more than the presumptive limit, add a stipulation to the scheduling correspondence. That costs nothing and avoids arguing for more time at hour six.
Where several attorneys represent parties with similar interests, coordinating areas of questioning in advance reduces duplication and helps keep the day within its limit.
Schedule Your Deposition With NAEGELI Deposition & Trial
Knowing which limit applies, and reserving the right resources for the full day, keeps a deposition from being continued to a second date.
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Frequently Asked Questions About How Long a Deposition Lasts
How long does a deposition last?
In federal court, a deposition is presumptively limited to one day of seven hours under Rule 30(d)(1). The court must allow more time when it is needed for a fair examination, or when someone impedes or delays the examination. Several states apply shorter limits, and the parties may stipulate to a longer session.
Does the seven-hour limit include breaks?
No. The 2000 Committee Notes exclude reasonable breaks for lunch and other reasons, so only testimony time counts. With a lunch break and short recesses, a seven-hour deposition usually fills a day of about nine hours. Texas states the same exclusion expressly in Rule 199.5(c).
Does each Rule 30(b)(6) witness get a separate seven hours?
For time, yes. The 2000 Committee Notes treat each designated witness as a separate deposition, so three designees can mean three seven-hour examinations. For the numerical limit, however, the 1993 Notes count the entire Rule 30(b)(6) deposition as one.
How long is a deposition in California?
Section 2025.290 limits examination by all counsel, other than the witness’s own counsel of record, to seven hours of total testimony. The exceptions are broad and include expert depositions, complex cases, most qualified person designees, and employment cases brought against an employer.
How long is a deposition in Texas?
Texas Rule 199.5(c) limits each side to six hours of examination or cross-examination of an individual witness, and breaks do not count. Aggregate limits also apply by discovery level.
How long is a deposition in Illinois?
Illinois Supreme Court Rule 206(d) limits a discovery deposition to three hours, regardless of the number of parties, unless all parties stipulate or a court finds good cause for more time.
How long is a deposition in Washington?
Washington sets no fixed hourly cap of the federal kind. Length is governed by the general discovery rules, protective orders, local rules, and the case schedule order.