Except as otherwise provided by R. 4:14-9(a), after commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition prior to the expiration of 35 days after service of the summons and complaint upon the defendant by any manner, except that leave is not required if the defendant has already served a notice of taking deposition or otherwise sought discovery. The attendance of witnesses may be compelled by subpoena as provided in R. 4:14-7. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes.
Rule 4:14-1.When depositions may be taken
Last amended September 5, 2000 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:14-1 allows any party, after the action begins, to take the deposition of any person on oral examination, with leave of court required only if the plaintiff seeks to depose before 35 days have passed since service on the defendant.
Full Text of Rule 4:14-1
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:16-1. Former rule deleted and new R. 4:14-1 adopted July 14, 1972 to be effective September 5, 1972 (formerly R. 4:10-1); amended July 21, 1980 to be effective September 8, 1980; amended July 10, 1998 to be effective September 1, 1998; amended July 5, 2000 to be effective September 5, 2000.
Plain-English Summary
Oral depositions are the workhorse of discovery, and this rule opens them up broadly. After the action is commenced, any party may take the testimony of any person, including another party, by deposition on oral examination. Witness attendance can be compelled by subpoena under Rule 4:14-7.
There is one early-timing limit. A plaintiff needs leave of court to take a deposition before 35 days have passed since the summons and complaint were served on the defendant, unless the defendant has already noticed a deposition or otherwise sought discovery. Deposing a person confined in prison also requires leave of court.
Frequently Asked Questions
When can you take a deposition in a New Jersey case?
After the action is commenced, any party may depose any person on oral examination. A plaintiff needs leave of court only to depose before 35 days have passed since service on the defendant, unless the defendant has already sought discovery.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:14-1). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: oral depositionswhen depositions may be takendeposition on oral examinationdeposing a party