If a deposition is to be taken by oral examination more than one hundred miles from the courthouse, the court upon motion may make an order requiring the payment of reasonable expenses, including attorney’s fees, as the court shall deem proper.
Rule 4008.Oral Examination. Limitation.
Last amended April 12, 1999 · Last verified June 30, 2026
In one sentenceWhen an oral deposition is to be taken more than one hundred miles from the courthouse, the court may on motion order the party taking it to pay the other side's expenses of attending.
Full Text of Rule 4008
Plain-English Summary
This rule guards against the burden of far-flung depositions. When an oral deposition is to be taken more than one hundred miles from the courthouse, the court may, on motion, enter an order about the expenses — typically requiring the party taking the deposition to pay another party’s reasonable costs of attending at that distance.
The Explanatory Note records that the rule is long-standing and applies only to the distant-deposition situation. Shifting the cost of attendance keeps a party from using a remote deposition location to run up an opponent’s expenses.
Frequently Asked Questions
What if a deposition is far from the courthouse?
If it is more than one hundred miles away, the court may order the party taking it to pay another party's expenses of attending.
Who pays for attending a distant deposition?
The court may shift the reasonable attendance expenses to the party taking the deposition.
Official Note
Explanatory Note This Rule remains unchanged. It applies only where a deposition is to be taken by oral examination more than 100 miles from the courthouse. It does not apply to other situations or to other forms of discovery. Other kinds of limi- tations are prescribed in Rule 4012, infra, which provides for protective orders in all forms of discov- ery, in Rule 4010(a) which provides for limitations of physical or mental examinations and Rule 4009(b)(2) which provides for objections to production of documents and things and entry for inspec- tion.
Amendment History
The provisions of this Rule 4008 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial pages (228825) to (228826).
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as: distant depositionhundred-mile deposition rule