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804.045.Limits on quantity of depositions.

Ch. 804: Depositions and Discovery · Last amended 2017 · Last verified July 15, 2026

In one sentenceSection 804.045 caps the number of depositions a party can take, absent a stipulation or court order, at a reasonable number not exceeding ten, with no single deposition allowed to run longer than seven hours.

Full Text of Section 804.045

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A party shall be limited, unless otherwise stipulated or ordered by the court in a manner consistent with s. 804.01 (2), to a reasonable number of depositions, not to exceed 10 depositions, none of which may exceed 7 hours in duration.

Plain-English Summary

Depositions are one of the more expensive tools in discovery, and Section 804.045 puts a default ceiling on how many a single party can take. Unless the parties stipulate otherwise or the court orders otherwise in a manner consistent with Section 804.01(2), a party is limited to a reasonable number of depositions, capped at ten.

The section also limits how long any one deposition can run: none may exceed seven hours in duration. Together, the two limits set a baseline for discovery planning, so parties know what they can do without needing anyone’s permission and what requires either an agreement or a motion to the court.

Because the cap yields to stipulation or court order, it functions as a starting point rather than an absolute wall. A case with many witnesses or complicated facts can still support more or longer depositions, but only if the parties agree or a judge decides the added discovery is warranted.

Frequently Asked Questions

How many depositions can a party take without an agreement or court order?

Up to ten. Section 804.045 limits a party, absent a stipulation or court order, to a reasonable number of depositions not exceeding ten.

How long can a single deposition last under this section?

No more than seven hours. Section 804.045 caps the duration of any one deposition at seven hours.

Can the ten-deposition limit be changed?

Yes. The limit applies “unless otherwise stipulated or ordered by the court in a manner consistent with s. 804.01 (2),” so the parties can agree to more, or a party can ask the court for more.

Does the cap of ten depositions apply to each party or to each side of the case?

The text limits “a party” to a reasonable number not exceeding ten, phrasing the cap per party rather than describing a shared pool for multiple parties on the same side.

Does Section 804.045 guarantee a party ten depositions no matter what?

No. It sets a ceiling of ten, but the deposition also has to be part of a “reasonable number,” so the cap is a maximum, not an entitlement to that many in every case.

Amendment History

History: 2017 a. 235.

Source & verification. Section text and official notes are reproduced verbatim from the Wisconsin Statutes, published by the Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026. · Official source
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