Short answer. You can stop it immediately. Section 18 lets any party or the deponent move, during the deposition itself, to have the examination halted or narrowed on a showing of bad faith or unreasonable annoyance, embarrassment, or oppression, and the deposition is suspended while the motion for an order is made.
What the law says
At any time during the taking of the deposition, on motion or petition of any party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the court in which the action is pending or the Regional Trial Court of the place where the deposition is being taken may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition, as provided in [S]ection 16 of this Rule.
Rule 23, Section 18 — Motion to terminate or limit examination. Read the full provision →
Who can move, and when
The motion or petition can be brought by any party or by the deponent, and it can be made at any time during the taking of the deposition itself — not only afterward. The trigger is a showing that the examination is being conducted in bad faith, or in a manner that unreasonably annoys, embarrasses, or oppresses the deponent or a party.
What the court can order
Either the court where the action is pending, or the Regional Trial Court of the place where the deposition is being taken, can order the officer conducting the examination to cease forthwith, or can limit its scope and manner as provided in Section 16 — the same menu of protective orders otherwise available to shield parties and deponents generally from abusive or overbroad discovery. Having two possible venues for the motion matters practically, since a deposition is often taken somewhere other than where the case itself is pending.
Automatic breathing room while the motion is pending
Upon demand of the objecting party or deponent, the taking of the deposition must be suspended for the time necessary to make a motion for an order. That means the deponent is not forced to keep answering hostile questions while waiting for the court to rule on whether the examination should stop, be limited, or continue as before. The suspension itself requires no prior court approval — simply demanding it triggers the pause.
Costs can fall on either side
In granting or refusing the requested order, the court may require either party or the witness to pay such costs or expenses as it deems reasonable, which discourages both frivolous invocation of this section and genuinely oppressive questioning alike. And if the examination is terminated, it can only resume later by order of the court where the action is pending.
Related provisions
- Rule 23, Section 18 — Motion to terminate or limit examination
- Rule 23, Section 16 — Orders for the protection of parties and deponents