How To Prepare A Legal Deposition Notice
Depositions are one of the most important forms of evidence that a lawyer can secure. Depositions allow you to record a party or witness’ testimony under oath, which you can use to build your case, impeach the witness, or preserve testimony. However, before you can depose a witness, you will need to provide them with the proper notice of deposition. If this notice is not prepared properly, you risk losing your opportunity to depose the witness or can experience needless delays in your case. If you are in need of a court reporter for your legal deposition, contact our experienced team at Kusar Court Reporters at 800-282-3376 today.
What Is a Notice of Deposition?
A notice of deposition notifies a witness that their testimony is required in a pending case and that a lawyer wants them to answer questions under oath. The notice generally states when, where, and how the deposition will be taken. In addition to the witness, the notice of deposition must be given to all parties involved in the lawsuit. How the notice must be formatted and the information that must be included is based on the applicable rules of civil procedure.
Elements of a Notice of Deposition
While the applicable rules of civil procedure will dictate what must be included in a notice of deposition, common elements include:
A notice of deposition must reference the current court case for which the deposition is being requested. Therefore, the notice will typically include a full caption at the top of the notice, which identifies:
- The parties in the case
- The jurisdiction where the case has been filed
- The file number
Attorneys issue these legal notices, so their information will be included on the notice. Generally, this will include the issuing attorney’s:
- Firm name
- Telephone number
- Fax number
- Email address
- Bar number
There will also usually be a signature block for the attorney. The other attorney’s name and address will also be included on the POS.
Type of Notice
The notice may also indicate what type of deposition is being requested, such as oral testimony before a certified stenographic court reporter (not a digital recorder), or a videorecorded deposition. Other forms such as digital can be challenged and is not admissible in court.
Date and Time of Deposition
The notice must indicate the date and time of the deposition. The lawyer may have to give special consideration to this element. The applicable rules of civil procedure may require that a specific amount of time that the lawyer must give the witness before the date of the deposition, such as 10 days. More time may be required if the notice is served via mail.
The lawyer may also need to consider the availability of other people involved, including the other attorney and the court reporter. Lawyers will often contact each other to determine a convenient time for the deposition.
Location of Deposition
The notice will also indicate where the deposition will be conducted. There may be specific rules regarding the location, such as a limit of miles that the person being deposed must be required to travel.
A notice of deposition may include other information, such as:
- Whether the deposition will be videorecorded
- What information will be discussed
- Documents and other evidence the person being deposed must bring with them
- Whether the attorney reserves the right to present the recording at trial
- Whether the court reporter will provide real-time deposition reporting
Sample Requirements of a Notice of Deposition
Here are a few examples of the type of information required for different notices of deposition:
Trademark Trial and Appeal Board Notices
According to the Trademark Trial and Appeal Board’s Manual of Procedure, a deposition notice must be given to every other party. It must state the time and place of the deposition, the deponent’s name and address, and a request to produce documents, if applicable.
Federal Rules of Civil Procedure
Under Rule 30 of the Federal Rules of Civil Procedure, the following information must be included in a notice of deposition:
- Name and place where the deposition will be taken
- Name and address of each person being deposed
- A description of the materials the person being deposed must bring to the deposition, if applicable
- The method the deposition will be recorded
The rules require that the person requesting the party give “reasonable notice in writing” to every other party of the deposition. Either party can request a transcript of the deposition. The party requesting the deposition is responsible for the costs for the court reporter.
California Legal Deposition Notices
California’s Rules of Civil Procedure are more detailed and include information about the size font that must be used on the deposition notice, the information that must be included in the notice, and specific information regarding any evidence that must be brought to the deposition. Additional rules include:
- If the party wants to audio or video record the testimony, they must inform the person being deposed of this information.
- If the party will conduct the deposition with instant visual display, the party must give.a copy of the notice to the deposition officer.
- The deposition officer must offer to give all parties in attendance a copy of the instant visual display of the testimony.
- The party requesting the deposition must state if they are reserving the right to use a video recording of the deposition at trial if the deposition is conducted on an expert witness or a treating or consulting physician. In this case, the video camera operator must be authorized to administer an oath and not be financially interested in the action or be a relative or employee of a party or any of the attorneys.
- If another party is financing part of the action, this information must be disclosed.
Why Working with a Qualified Court Reporter Matters
Qualified court reporters can keep a strong record of the deposition. At Kusar Court Reporters, we know the forms that will need to be completed and that there may be different requirements for organizations, parties, witnesses, and expert witnesses. We can employ best practices so that the deposition is conducted in the proper manner.
Contact Kusar Court Reporters to Learn More
Kusar Court Reporters can provide exceptional court reporting services. If you would like to inquire about our services, contact Kusar Court Reporters by calling 800-282-3376.