Deposition Notice
Deposition Notice Generator
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Signature Requirements
Check Local Court Rules
The notice of deposition must be signed by the attorney of record and served on all parties. Non-party deponents also require a subpoena.
Most courts accept e-filed deposition notices with electronic signatures. For non-party deponents, you must also issue a subpoena under Rule 45. Check your local rules for required notice periods.
Sample Deposition Notice Generated by Legal Tank
Deposition Notice
Notice of Deposition
PLEASE TAKE NOTICE that, pursuant to [Rule 30 of the Federal Rules of Civil Procedure / applicable state rule], Plaintiff/Defendant [____________] will take the oral deposition of [____________] on [____________], at [____________] [a.m./p.m.], at [____________] (address), or by remote means via [videoconference platform], before a notary public or other officer authorized to administer oaths.
The deposition will be recorded by [stenographic / audiovisual / both stenographic and audiovisual] means. The deposition will continue from day to day until completed. Pursuant to [Rule 30(d)(1)], the deposition shall not exceed one day of seven hours unless otherwise stipulated by the parties or ordered by the Court.
Rule 30(b)(6) Designation (if applicable)
Pursuant to [Rule 30(b)(6) of the Federal Rules of Civil Procedure / applicable state rule], the entity deponent [____________] is required to designate one or more officers, directors, managing agents, or other persons who consent to testify on its behalf regarding the topics described in Exhibit A. The designated witness(es) must be prepared to testify about information known or reasonably available to the organization.
EXHIBIT A, TOPICS FOR EXAMINATION: (a) [____________]; (b) [____________]; (c) [____________]; (d) all documents, communications, and records relating to the foregoing topics; (e) the identity and role of all persons with knowledge of the foregoing topics; and (f) [____________].
Document Request
Pursuant to [Rule 30(b)(2) / Rule 34 / applicable state rule], the deponent is requested to bring to the deposition the following documents and tangible things: (a) all documents referenced in or responsive to the topics identified in Exhibit A; (b) all communications between [____________] and [____________] concerning [____________]; (c) [____________]; and (d) any documents the deponent intends to refer to during testimony.
Service and Subpoena
This Notice is served upon [party name / counsel for party name] as required by [Rule 30(b)(1)]. [If the deponent is a non-party: A subpoena duces tecum has been or will be served upon the deponent commanding attendance and production of documents as described herein, pursuant to Rule 45.] Failure to appear may result in sanctions as provided by law, including an order compelling attendance and an award of expenses.
What Is a Deposition Notice?
A deposition notice is a formal written document that notifies a party or witness of the date, time, and location at which their oral testimony will be taken under oath before a court reporter. Governed by Federal Rule of Civil Procedure (FRCP) Rule 30 in federal court, a deposition is the most powerful discovery tool available to litigants because it allows real-time questioning of witnesses, follow-up questions, observation of witness demeanor, and the ability to confront witnesses with documents. The deposition transcript, taken under oath, carries the same legal weight as trial testimony and can be used to impeach a witness whose trial testimony contradicts their deposition testimony, to preserve testimony of a witness who may be unavailable at trial, or as substantive evidence when a party's own statements are at issue.
FRCP Rule 30(a)(2) imposes a default limit of 10 depositions per side in federal litigation, and FRCP Rule 30(d)(1) limits each deposition to one day of seven hours of actual testimony. These limits were established to curb discovery abuse while preserving the deposition as an effective tool. Additional depositions or extended time may be obtained by court order or written stipulation upon a showing of good cause. The seven-hour limit counts only time spent on the record asking questions, it does not include breaks, off-the-record discussions, or time spent reviewing documents. Both limits apply to each witness: you cannot depose the same witness for seven hours on two separate days without leave of court or stipulation, and deposing the same witness twice counts as two depositions toward the 10-deposition limit.
A critically important type of deposition notice is the FRCP Rule 30(b)(6) notice, used to depose a corporation, partnership, government agency, or other organization. Instead of naming a specific individual, the 30(b)(6) notice describes the topics on which testimony is sought, and the organization must designate one or more persons to testify on its behalf regarding those topics. The designated witness testifies as the voice of the organization, their testimony binds the entity. This mechanism prevents organizations from evading discovery by claiming that no single employee has complete knowledge of a subject. The organization has a duty to prepare its designee to testify fully and completely on the noticed topics, including by reviewing documents, interviewing other employees, and gathering information beyond the designee's personal knowledge.
The logistics of deposition notices involve several practical and legal requirements. The notice must be served on every party to the action with reasonable notice, while the rules do not define a minimum number of days, most courts and local rules expect at least 14 days' notice, and many local rules specify a minimum. The deposition location must comply with geographic constraints: under FRCP Rule 45(c), a non-party witness generally cannot be compelled to travel more than 100 miles from where they reside or work. For party depositions, there is no geographic limit per se, but courts consider reasonableness. The prevailing convention is that a plaintiff must make themselves available for deposition in the forum where the lawsuit was filed, while a defendant is typically deposed where they reside. When a subpoena is required to compel attendance of a non-party, it must be served along with or before the deposition notice.
Why You Need a Deposition Notice
You need to question a key witness under oath and assess their credibility before trial. Depositions are the only discovery tool that allows real-time follow-up questions, observation of witness demeanor and body language, and the ability to confront the witness with documents and prior inconsistent statements. Written discovery tools like interrogatories allow the responding party to craft careful, attorney-edited responses that may obscure the truth.
You are deposing a corporation and need testimony from the person most knowledgeable about specific topics. A Rule 30(b)(6) deposition notice compels the organization to designate a witness who can speak authoritatively on each noticed topic, preventing the common defense that no single employee has complete knowledge. The designee's testimony binds the organization.
A critical witness may be unavailable at trial due to age, illness, geographic distance, or other circumstances, and you need to preserve their testimony. Under FRCP Rule 32(a)(4), a deposition may be used at trial if the witness is dead, more than 100 miles from the courthouse, unable to attend due to illness, or otherwise unavailable despite the proponent's diligent efforts to secure their attendance.
You are preparing for summary judgment and need sworn testimony that establishes or negates a material fact. Deposition testimony, as sworn evidence, is admissible in summary judgment proceedings and can be decisive in demonstrating the absence (or presence) of genuine disputes of material fact.
You want to lock in the opposing party's version of events under oath so that any change in their story at trial can be exposed as inconsistent. Deposition transcripts are the most effective impeachment tool available, reading a witness's own prior sworn testimony that contradicts their trial testimony is devastating to credibility.
Key Sections in a Deposition Notice
Case Caption and Deponent Identification
The notice must include the complete case caption with court name, case number, and party designations. It must clearly identify the deponent, either by name (for a specific individual) or by describing the topics for examination (for a Rule 30(b)(6) corporate deposition). For 30(b)(6) notices, the topics must be described with reasonable particularity so the organization can identify the appropriate designee and prepare them to testify comprehensively.
Date, Time, and Location
The notice must specify the exact date, start time, and physical address where the deposition will be conducted. Include the name of the court reporting firm or videoconference platform if the deposition will be taken remotely (permitted under FRCP Rule 30(b)(4) by stipulation or court order). Allow reasonable scheduling time, most courts expect at least 14 days' notice, and depositions should not be scheduled on dates that conflict with known court appearances, holidays, or previously noticed depositions without agreement from all parties.
Rule 30(b)(6) Topic Descriptions
For corporate depositions, the notice must describe with reasonable particularity the matters on which examination is requested. Topics should be specific enough to allow the organization to prepare its designee but not so narrow that relevant testimony is excluded. Common topics include: the organization's knowledge of specific events or transactions, corporate policies and procedures, decision-making processes, communications with specific parties, document retention practices, and the factual basis for the organization's claims or defenses.
Document Production Request (Duces Tecum)
Under FRCP Rule 30(b)(2), the deposition notice may be accompanied by a request that the deponent bring designated documents to the deposition. For party deponents, this is accomplished by listing the requested documents in the notice itself. For non-party deponents, a subpoena duces tecum must be served separately. The document request should target materials that are essential for effective questioning, prior correspondence, contracts at issue, internal reports, and communications relevant to the deposition topics.
Recording Method
FRCP Rule 30(b)(3) gives the noticing party the right to designate the method of recording the deposition, stenographic transcription, audio recording, or video recording. The most common practice is stenographic transcription (court reporter) with optional video recording. Video depositions are particularly valuable for witness credibility assessments, for preserving testimony for trial presentation, and for deposing witnesses whose demeanor and body language are important to the case. Any party may arrange for additional recording methods at their own expense.
Notice to All Parties
FRCP Rule 30(b)(1) requires that reasonable written notice of the deposition be given to every party to the action. The notice must include the deponent's name and address (if known), or for 30(b)(6) depositions, a description of the organization and the topics for examination. All parties have the right to attend and cross-examine the deponent, so adequate notice is essential to protect everyone's due process rights. Failure to provide notice to all parties may result in the deposition being suppressed.
Deposition Notice Legal Requirements
FRCP Rule 30(a)(1) permits any party to depose any person, including a party, without leave of court, subject to the 10-deposition limit and the requirement that the deposition occur after the FRCP Rule 26(f) discovery conference (unless the parties stipulate or the court orders otherwise).
Under FRCP Rule 30(a)(2), leave of court is required if: the deposition would result in more than 10 depositions per side; the deponent has already been deposed in the case; the deposing party seeks to take the deposition before the Rule 26(f) conference; or the deponent is confined in prison.
FRCP Rule 30(d)(1) limits each deposition to one day of seven hours of actual testimony. The court may allow additional time if needed for a fair examination or if the deponent, another person, or any other circumstance impedes or delays the examination. Time spent on breaks, document review, and off-the-record discussions does not count toward the seven-hour limit.
For Rule 30(b)(6) corporate depositions, the notice must describe with reasonable particularity the matters for examination. The organization must then designate and adequately prepare one or more persons to testify on its behalf. The designee need not have personal knowledge of every topic, they must be prepared through review of documents, interviews with knowledgeable employees, and other reasonable means.
Under FRCP Rule 30(b)(6) and Rule 45, if the deponent is a non-party, the deposing party must serve a subpoena to compel attendance. The subpoena must comply with the geographic limits of Rule 45(c) and must be served with the required witness fee and mileage allowance.
FRCP Rule 32 governs the use of deposition testimony at trial and in other proceedings. Deposition testimony of a party may be used by an adverse party for any purpose. Deposition testimony of any witness may be used for impeachment or if the witness is unavailable.
Common Deposition Notice Mistakes to Avoid
Describing Rule 30(b)(6) topics too broadly, such as "all matters relating to this litigation." Courts routinely sustain objections to overbroad topic descriptions and may limit or quash the notice entirely. Define each topic with specificity, identify the subject matter, relevant time period, and particular events or transactions at issue.
Exceeding the 10-deposition limit without obtaining leave of court or a stipulation from the opposing party. Depositions taken beyond the limit without authorization are subject to being suppressed, and the court may impose sanctions for the wasted time and expense.
Scheduling the deposition with insufficient notice or at an unreasonable location. Depositions noticed with less than 14 days' notice or at locations that impose unreasonable travel burdens on the witness or opposing counsel are vulnerable to motions for protective order, which delay discovery and increase costs.
Failing to serve a subpoena on a non-party witness in addition to the deposition notice. A deposition notice alone does not compel a non-party to attend, only a properly served subpoena carries the force of court compulsion. If the non-party fails to appear and no subpoena was served, you have no remedy.
Neglecting to request document production in the deposition notice when documents are needed for effective questioning. If you wait until the deposition to ask for documents, the witness may not have them available, forcing a second session or a separate document request.
Failing to meet and confer with opposing counsel on scheduling before serving the notice. While not always required by rule, professional courtesy and many local rules expect the deposing party to coordinate scheduling. Unilaterally noticed depositions frequently result in protective order motions and rescheduling.
Not specifying the recording method in the notice. If you plan to videotape the deposition, this must be stated in the notice under FRCP Rule 30(b)(3)(A). Showing up with a video camera without advance notice may result in the video being excluded.
Frequently Asked Questions About Deposition Notices
What is a deposition notice?
How much advance notice is required for a deposition?
Can you object to a deposition notice?
What must a deposition notice include?
Can a deposition notice compel a non-party to attend?
What happens if you ignore a deposition notice?
Can a deposition be taken remotely?
How do you notice a corporate deposition under Rule 30(b)(6)?
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