what is themaximum amount of time allowed a plaintiff to depose an individual in a federal lawsuit. I see it says 7 hours during one day, according to FRCP 30 (d)(2). But i am unsure if that is per person, or deposition period. Can I depose the main tortfeasor for the full 7 hours, and if so, what would be the grounds? that he was the prime mover of the tort? thank you
Good afternoon,I'm sorry to hear of the situation.The section you are referring to means that you may take one person's deposition during one day for no more than a period of 7 hours. That is per deposition---not 7 hours per attorney who might have need to ask questions. As a general rule though, the attorney representing a party will not engage in cross examination once you are done with your direct exam of the witness---so for all intents and purposes---that 7 hours is yours---and you do not need to share your time---but you will be limited to the 7 hours.Depositions are based on you finding information that will lead to the discovery of admissable evidence. While in nearly three decades of litigation I can count on one hand the times I have spent more than 7 hours questioning a deponent---if you have that much to ask---go for it. You don;t need to state any grounds for the time you take. you just set the deposition---start it on time and keep asking questions until you are done---or when 7 hours is reached---whichever comes first.You may reply back to me using the Continue the Conversation link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me. Please recognize that the rating system only gives me credit for working with you when you click one of the 3 stars/faces on the right (positive rating). Also, kindly rate me based solely on my assistance to you in understanding the law, and not based on whether my answer is what you were hoping to hear. I have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.I wish you the best in 2012,Doug
I have 27 years of litigation experience
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