Rule 4:6A.Number of Depositions.

Part Four: Pretrial Procedures, Dispositions and Production at Trial · Last amended 2021 · Last verified July 16, 2026

In one sentenceRule 4:6A removes any fixed cap on how many witnesses a party may depose in a Virginia civil case, leaving the number unrestricted unless the court limits it by order on a showing of good cause.

Full Text of Rule 4:6A

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There is 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.

Plain-English Summary

Rule 4:6A is a single sentence with an outsized effect: there is no numerical limit on how many depositions a party may take. Unlike jurisdictions that presumptively cap depositions at some fixed number, Virginia leaves the number open-ended by default.

That freedom is not absolute. A court can still restrict the number of depositions a party may take, but only by entering an order and only on a showing of good cause — typically where the volume of depositions has become disproportionate to the needs of the case. Absent such an order, parties are free to depose as many witnesses as the case requires.

Frequently Asked Questions

How many depositions can a party take in a Virginia civil case?

There is no fixed limit. Rule 4:6A removes any cap on the number of witnesses a party may depose.

Can a Virginia court limit the number of depositions a party takes?

Yes, but only by court order and only on a showing of good cause (Rule 4:6A).

Does Virginia follow the same ten-deposition presumptive limit used in federal court?

No. Rule 4:6A sets no presumptive numeric limit at all; the number of depositions is unrestricted unless a court orders otherwise for good cause.

Who has to ask the court to limit the number of depositions?

A party seeking to cap the number another party takes must move for a protective order and show good cause; the limit does not apply automatically.

Does Rule 4:6A apply to depositions upon written questions as well as oral depositions?

Yes. Rule 4:6A addresses the number of witnesses whose depositions may be taken, without distinguishing between oral depositions under Rule 4:5 and written-question depositions under Rule 4:6.

Amendment History

Last amended by Order dated November 23, 2020; effective March 1, 2021.

Source & verification. Rule text and amendment history are reproduced verbatim from the Rules of Supreme Court of Virginia, published by the Supreme Court of Virginia. Last verified July 16, 2026. · Official source

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