Rules governing the conduct of Depositions in New York State cases

Generally,  Depositions are limited to 7 hours per deponent.  Witnesses must answer unless a privilege applies, a court order forbids it, or the question is plainly improper/prejudicial.  Thus, Attorneys can only direct a witness not to answer to preserve privilege, enforce a court order or if the question is plainly improper; They can not just instruct not to answer unless one of these exceptions applies.   Objections must be brief, state the basis (privilege, form, protective order, or plainly improper), and not suggest answers. The number of depositions taken by plaintiffs, or by defendants, or by third-party defendants, is limited to 10.   Deposing an entity with multiple representatives ( officers or employees) counts as one deposition for these limits unless the representative is a fact witness. 



The Conduct of Depositions in New York State Courts are governed by ​

• Uniform Rules for the Conduct of Depositions (22 NYCRR Part 221): Sets standards for objections and conduct.
• Uniform Rules for the Supreme and County Courts (22 NYCRR Part 202): Includes rules on limits and video recording (e.g., 202.20-b, 202.15). 

 Christopher Tompkins is a New York City Per Diem Lawyer who has been practicing for over 30 years in  New York City, Westchester and Long Island. Contact him at 212 962-5363.
​Email:  [email protected].  
Visit his website at: http://www.ny-per-diem-lawyer.com/