Notwithstanding any other provision of law or rule of court, there shall be no limit on the number of witnesses whose depositions may be taken by a party except by order of the court for good cause shown.
§ 8.01-420.6.Number of witnesses whose depositions may be taken.
Chapter 14. Evidence · Article 9. Miscellaneous Provisions · Last amended 2001 · Last verified July 16, 2026
In one sentenceSection 8.01-420.6 removes any cap on the number of witnesses a party may depose in a civil case, overriding any other statute or rule of court, unless a judge orders a limit for good cause shown in a particular case.
Full Text of § 8.01-420.6
Plain-English Summary
Some jurisdictions cap the number of depositions a party can take without leave of court. Virginia does not — at least not by default. This section removes any numeric limit on the depositions a party may take, and it does so notwithstanding any other statute or court rule that might otherwise impose one.
The only check is judicial: a court can still limit the number of depositions in a given case, but only by entering an order, and only on a showing of good cause. Absent that order, a party is free to depose as many witnesses as the case requires.
Frequently Asked Questions
Is there a cap on how many depositions a party can take in a Virginia civil case?
No. Section 8.01-420.6 provides there is no limit on the number of witnesses whose depositions may be taken by a party.
Can a court still limit the number of depositions?
Yes, but only by court order, and only for good cause shown.
Does this section override deposition limits found in other statutes or court rules?
Yes. It applies notwithstanding any other provision of law or rule of court.
Who has to show good cause to limit depositions?
The statute does not specify who must move for the order — it requires a court order for good cause before any limit applies.
Does this section apply to both party and nonparty witness depositions?
The text refers broadly to “the number of witnesses” without distinguishing between party and nonparty witnesses.
Amendment History
2001, c. 595.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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