804.045.Limits on quantity of depositions.
Ch. 804: Depositions and Discovery · Last amended 2017 · Last verified July 15, 2026
Full Text of Section 804.045
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.