United States · Federal civil procedure
What does Rule 32 say about a deposition taken on short notice?
Rule 32(a)(5)(A) bars use against a party that received less than fourteen days’ notice, promptly sought the specified protective order and still had that motion pending when the deposition was taken. It is a conditional limitation on use. It does not impose fourteen days’ notice for every deposition. This guide computes no notice deadline.
- Period
- Less than fourteen days’ notice is one condition, not a universal deadline
- Trigger
- Notice, the prompt specified protective motion and its pending status when the deposition occurs
- Rule
- FRCP 32(a)(5)(A)
December 1, 2025 compilation
Source guide · No automated date
Establish the actual procedure and conditions
The fourteen-day value is not a universal notice deadline. The motion and pending-status conditions also matter. No computed minimum or paid record is published.
FRCP 32(a)(5)(A)What lawyers say
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Which event starts this procedure?
Preserve actual notice and deposition times.
Identify the prompt protective motion requesting no deposition or another time or place.
Establish whether it remained pending when the deposition was taken. Assess other notice and use rules separately.
FRCP 32(a)(5)(A)Which timing conditions must be established?
- Identify the actual actor, pleading and required act.
- Establish the specified event and applicable order.
- Resolve the material conditions. This guide publishes no calculated date.
- Check final-day conditions and preserve service and filing evidence separately.
Establish notice and deposition times, the specified prompt protective motion and its pending status. Short notice alone does not establish the prohibition.
Rule 6(a) excludes the operative event and counts intermediate calendar days. A final Saturday, Sunday or legal holiday moves forward. Rule 6(a)(6) includes federal and President or Congress declared holidays, plus state-declared holidays for forward periods in the district. Qualifying clerk inaccessibility matters separately for filing.
FRCP 6(a)(1)Why is no automated date published?
The fourteen-day value is not a universal notice deadline. The motion and pending-status conditions also matter. No computed minimum or paid record is published.
Which conditions change the assessment?
- Short notice
- The specified party must have received less than fourteen days’ notice.
- Prompt specified motion
- The party must promptly move under Rule 26(c)(1)(B) for no deposition or another time or place.
- Pending when taken
- The motion must still be pending when taken. Rule 32(a)(1) separately requires its stated general use conditions.
- This page does not establish effective service, merits, compliance or an actual court grant.
- Service and filing are different acts. Verify both when required.
What should I verify before acting?
Common questions
This procedure and its conditions
Does this require fourteen days before every deposition?
No. It states a conditional use limitation involving short notice and a protective motion still pending when taken.
FRCP 32(a)(5)(A)Is short notice alone enough for this prohibition?
No. Establish the specified motion and pending status.
FRCP 32(a)(5)(A)Does this decide all admissibility issues?
No. Rule 32(a)(1) separately requires the stated use and admissibility conditions.
FRCP 32(a)(5)(A)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| FRCP 32(a)(5)(A) | This actor, required act, operative event and period |
| FRCP 32(a)(1) | Separate general conditions on use |
| FRCP 26(c)(1)(B) | Requested protective terms including time or place |
| FRCP 6(a)(1) | Event exclusion and intermediate calendar days |
| FRCP 6(a)(3)–(6) and (b)(1) | Actual final-day conditions, filing boundaries and applicable extension limits |