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Casask 01g -ONeIAaPARWSPapHHIeNeAePss Aibecherdehls1 Pdgeas & afi12
The Federal Rules presumptively limit the number of depositions that each side
may conduct to ten. See Fed.R.Civ.P. 30(a)(2) (A) (“A party must obtain leave of
court, which shall be granted to the extent consistent with the principles stated in
Rule 26(b)(2), if ... a proposed deposition would result in more than ten
depositions being taken ....”); accord Universal City Studios v. Reimerdes, 104
F.Supp.2d 334, 342 (S.D.N.Y.2000); Landry v. St. James Parish Sch. Bd., No.
Civ. A 99-1438, 2000 WL 1741886, at *2 (E.D.La. Nov. 22, 2000). The purpose
of Rule 30(a)(2)(A) is to “enable courts to maintain a ‘tighter rein’ on the extent
of discovery and to minimize the potential cost of ‘[w]ide-ranging discovery’ . . .
.” Whittingham v. Amherst Coll., 163 F.R.D. 170, 171-72 (D.Mass.1995) (citation
omitted). Accordingly, “[t]he mere fact that many individuals may have
discoverable information does not necessarily entitle a party to depose each such
individual.” Dixon v. Certainteed Corp., 164 F.R.D. 685, 692 (D.Kan.1996).
“The factors relevant to determining whether a party should be entitled to more than ten
depositions are now set forth in Fed.R.Ciy.P. 26(b)(2)(C)° and include whether (1) the discovery
sought is unreasonably cumulative or duplicative or can be obtained from some other source that
is more convenient, less burdensome, or less extensive, (2) the party seeking discovery has had
ample opportunity to obtain the information by discovery in the action, and (3) the burden or
expense of the proposed discovery outweighs its likely benefit, considering the needs of the case,
the parties' resources, the importance of the issues at stake in the action, and the importance of
the discovery in resolving the issues.” Atkinson, 2009 WL 8906872, at *1 (S.D.N.Y. Apr. 2, 2009)
(internal quotations omitted).
* Rule 26(b)(1) has since been modified to read “(i) the discovery sought is unreasonably cumulative or duplicative,
or can be obtained from some other source that is more convenient, less burdensome, or less expensive; (ii) the party
seeking discovery has had ample opportunity to obtain the information by discovery in the action; or (iii) the
proposed discovery is outside the scope permitted by Rule 26(b)(1).” The scope of discovery permitted by 26(b)(1)
is “non-privileged matter that is relevant to any party's claim or defense and proportional to the needs of the case,
considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access
to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether
the burden or expense of the proposed discovery outweighs its likely benefit.” Thus, the factors to be considered
have simply been moved to a new number with cross reference.
DOJ-OGR-00004207
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Dates
Document Details
| Filename | DOJ-OGR-00004207.jpg |
| File Size | 822.6 KB |
| OCR Confidence | 93.9% |
| Has Readable Text | Yes |
| Text Length | 2,906 characters |
| Indexed | 2026-02-03 16:45:14.170499 |