Rule 30.04.Motion to terminate or limit examination.
Current through June 18, 2026 · Last verified July 9, 2026
Full Text of Rule 30.04
Amendment History
(Amended effective October 1, 1971.)
Plain-English Summary
A deposition does not have to run its course once it turns abusive. If the questioning is being conducted in bad faith, or in a way meant to annoy, embarrass, or oppress the witness or a party, either the deponent or any party can stop it by moving the court for an order. That motion can go to the court where the case is pending or to the court in the district where the deposition is happening, whichever is more convenient.
The court is not limited to an all-or-nothing choice. It can order the officer running the deposition to stop entirely, or it can narrow the scope and manner of the questioning under the protective-order standards in Rule 26.03. If the court cuts the deposition off completely, it stays stopped until the court where the case is pending says otherwise — the local court where the deposition happened cannot restart it on its own.
Once someone objects and demands a halt, the deposition pauses right there while the motion gets made; nobody has to keep answering questions while waiting for a ruling. And because stopping a deposition costs everyone time and money, the rule ties this process to Rule 37.01(4), which lets the court award expenses tied to the motion.
Frequently Asked Questions
Can I stop a deposition if opposing counsel is harassing the witness?
Yes. Rule 30.04 lets a party or the deponent move to terminate or limit a deposition upon a showing that the examination is being conducted in bad faith or in a manner meant to annoy, embarrass, or oppress the deponent or a party.
Where do I file a motion to stop a deposition that is happening in another county?
The rule allows the motion to be filed either in the court where the action is pending or in the court of the judicial district where the deposition is being taken.
Does the deposition keep going while the motion to stop it is pending?
No. Once the objecting party or deponent demands it, the deposition is suspended for the time needed to make the motion for an order.