The Seven-Hour Deposition Rule: What Court Reporters Want Attorneys and Litigants to Understand

As a court reporter and court reporting firm owner, I spend a great deal of time behind the scenes of depositions—quietly, carefully, and with one goal in mind: preserving the record accurately and impartially.

One topic that continues to cause confusion during depositions is the seven-hour deposition limit under California law. When the clock approaches that mark, tension can rise, questions start flying, and eyes often turn to the court reporter. That moment is a good opportunity to clarify what the rule actually means, and, just as importantly, what it does not require of the court reporter.

What the Seven-Hour Rule Is and Is Not

Under California Code of Civil Procedure section 2025.290, most depositions are limited to seven hours of testimony unless the parties stipulate otherwise or the court orders additional time. This rule is designed to prevent abuse and promote efficiency. It is a rule that governs the conduct of attorneys and parties, not the authority of the court reporter.

Court reporters do not enforce time limits, make legal determinations, or decide when a deposition must end. Our role is to report what happens, not to control what happens.

Timekeeping: A Courtesy, Not a Legal Duty

Many court reporters voluntarily keep track of on-the-record time as a professional courtesy. With modern CAT software, time stamps are often automatically incorporated, making it easier to provide accurate duration information when requested.

That said, there is no legal requirement that a court reporter track deposition time, announce when the seven hours are approaching, or warn the parties that a limit may be reached. The responsibility to monitor and manage deposition time rests squarely with counsel.

If timekeeping becomes an issue, the best practice is for attorneys to address it on the record with one another, rather than placing that burden on the reporter.

Do Court Reporters Have to Notify Attorneys About the Rule?

No. Court reporters are not required to notify parties about the seven-hour rule, remind counsel of remaining time, or educate participants about procedural limits. Doing so could compromise the reporter’s neutrality and blur the important boundary between legal advocacy and record preservation.

Our duty is to remain impartial and focused on creating a complete and accurate record, rather than acting as timekeepers, legal advisors, or procedural referees.

What Happens When Seven Hours Are Reached?

When parties believe the seven-hour limit has been reached, the discussion belongs on the record and between counsel. Attorneys may stipulate to continue, suspend the deposition, or seek court guidance. The court reporter’s role remains the same throughout -- to report whatever is said on the record.

Importantly, if testimony is not taken because a deposition ends, there is no remedy for testimony that was never reported. This is why clear communication and proactive time management by counsel are essential.

Time Stamps in Transcripts

Time stamps may appear in transcripts when requested by a party or when used for specific purposes, such as video-recorded depositions. Including time stamps is a service option, not an automatic requirement, and best practice is to confirm expectations in advance.

Why This Matters

Understanding the boundaries of each participant’s role helps depositions proceed more smoothly and professionally. When court reporters are allowed to remain neutral recordkeepers, everyone benefits: attorneys can advocate effectively, witnesses can testify clearly, and the record stands on solid ground.

At O Court Reporters, we believe clarity, ethics, and professionalism are foundational to excellent court reporting. We are always happy to explain our role, our services, and best practices before a deposition begins so that the record can speak for itself without confusion or conflict.