Rule 30FEDERAL RULES OF CIVIL PROCEDURE
local rule or court direction. Such limits may also be established, modified, or waived by stipulation. 22
Sanctions for Prolonging Depositions
Parties or witnesses should not engage in conduct that unreasonably prolongs a deposition. When such conduct occurs, the court may impose the costs of such delay, including attorney fees, on the party engaging in the obstructional behavior. Non-party witnesses are also subject to such sanctions.
Motion to Terminate or Limit Deposition
In order to prevail on a motion to terminate or limit an examination, the moving party must demonstrate that the examination was being conducted in bad faith or in an unreasonably annoying, embarrassing, or oppressive manner." The court can then order the deposition concluded or can limit the time and/or scope of the deposition.
Which Court for Motion to Terminate
A motion under Rule 30(d)(3) may be filed either in the court where the case is pending or in the district where the deposition is occurring.
Suspension of Deposition
A party desiring to make a Rule 30(d)(3) motion may suspend the deposition for the period of time necessary to make the motion.>
Expenses of Motion to Terminate
In ruling on a Rule 30(d)(3) motion, the court must consider awarding expenses to the prevailing party, in accordance with Rule 37(a)(4).
Resuming Terminated Deposition
Once a deposition has been terminated by the court upon a Rule 30(d)(3) motion, it cannot be resumed or re-noticed without leave of court.
Contrast Motion for Protective Order
A motion for a protective order under Rule 26(c) provides similar protection before a deposition begins, at which point Rule 30(d) takes over.
418