404.06(c) Time for Deposition
Fed. R. Civ. P. 30(d)(1) Duration. Unless otherwise stipulated or ordered by the court, a deposition is limited to 1 day of 7 hours. The court must allow additional time consistent with Rule 26(b)(1) and (2) if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.
A deposition is limited to one day of seven hours unless stipulated by the parties or otherwise authorized by Board order. [ Note 1.] Only actual deposition time counts against the presumptive limit; reasonable lunch and other breaks do not count against the seven hours. [ Note 2.] For Fed. R. Civ. P. 30(b)(6) depositions, the deposition of each designated person is considered a separate deposition for purposes of the durational limit. [ Note 3.]
The party seeking an order extending the examination or otherwise altering the time limitation is expected to show good cause. [ Note 4.] Fed. R. Civ. P. 30(d)(1) allows for additional time consistent with Fed. R. Civ. P. 26(b)(2) if needed for fair examination of the deponent. [ Note 5.] If the deponent or other person impedes or delays examination, additional time must be allowed. [ Note 6.] Additional time for deposition should be allowed if examination is delayed by "other circumstance" which might include "a power outage, health emergency, or other event." [ Note 7.] Orders directing shorter depositions or limited periods on several days are permitted. [ Note 8.]
The parties are expected to make reasonable accommodations to obviate the need for motion practice before the Board regarding deposition time limits. However, a party who requires Board intervention may wish to contact the Board attorney by telephone for assistance. See TBMP § 413.01.
NOTES:
1. Fed. R. Civ. P. 30(d)(1).
2. Fed. R. Civ. P. 30(d) Committee Notes on Rules – 2000 Amendment.
3. Fed. R. Civ. P. 30(d) Committee Notes on Rules – 2000 Amendment.
4. Fed. R. Civ. P. 30(d) Committee Notes on Rules – 2000 Amendment.
5. Fed. R. Civ. P. 30(d) Committee Notes on Rules – 2000 Amendment.
6. Fed. R. Civ. P. 30(d) Committee Notes on Rules – 2000 Amendment.
7. Fed. R. Civ. P. 30(d) Committee Notes on Rules – 2000 Amendment.
8. Fed. R. Civ. P. 30(d) Committee Notes on Rules – 2000 Amendment; Pioneer Kabushiki Kaisha v. Hitachi High Technologies America Inc., 74 USPQ2d 1672, 1677 (TTAB 2005) (limiting depositions of three deponents to three hours per deponent and conducted consecutively over one and one half days).