Civil Procedure Multistate Bar Practice Exam

What is the maximum mileage a nonparty can be required to travel for a deposition, unless agreed otherwise?

1. 50 miles

2. 100 miles

3. 200 miles

4. No maximum distance applies

The correct answer is: 100 miles

The maximum mileage that a nonparty can be required to travel for a deposition is 100 miles, unless a different agreement is reached between the parties. This rule is rooted in the Federal Rules of Civil Procedure, specifically Rule 45, which governs subpoenas. It stipulates that a person who is neither a party nor an officer of a party can be required to attend a deposition at a location within 100 miles of where they reside, are employed, or regularly transact business in person. This limitation is in place to prevent undue burden and to ensure that individuals who are not directly involved in the litigation do not face excessive travel requirements. The 100-mile limit is a practical compromise to facilitate the deposition process while protecting the rights and interests of nonparties. If both parties agree to a different mileage requirement, they can modify this standard, reflecting the flexible nature of procedural rules in accommodating the needs of the case.