How much notice do I have to give for a deposition?

Rules vary by jurisdiction. Many require simply reasonable notice, while others set a minimum number of days. As a practical norm, attorneys often serve the notice at least 10 to 14 days in advance and clear dates with opposing counsel first. Always check your local rule and any scheduling order.

Do I need a subpoena to depose a witness?

Not for a party, who can be compelled by a notice of deposition served on their counsel. To compel a non-party witness to appear, you generally need a subpoena, properly issued and served, and you must respect geographic limits such as the federal 100-mile rule.

Who hires the court reporter for a deposition?

The party that notices the deposition typically arranges and pays for the court reporter, though other parties can order their own copies of the transcript. The reporter administers the oath and produces the official record, so booking a qualified one early is essential.

How much does a deposition cost?

Costs vary widely by region, format, and turnaround. Expect a reporter appearance or per-diem fee plus a per-page transcript rate, with extras like video, real-time, and expedited delivery billed separately. Request a full written fee schedule, including cancellation terms, before the date.

How to Schedule a Deposition: A Step-by-Step Guide

Scheduling a deposition is one of those tasks that looks simple until you are the one juggling a witness, opposing counsel, a court reporter, a videographer, and a deadline that is two weeks out. Done well, it is routine. Done poorly, it produces continuances, no-shows, and disputes over whether the deposition was properly noticed. This guide walks through the process in the order you will actually do it.

Step 1: Confirm You Have the Right to Take the Deposition

Before you do anything, check that discovery is open and that you are permitted to depose this witness.

In federal cases, the parties generally must hold a Rule 26(f) conference before discovery begins, and leave of court is required in limited situations (for example, before the 26(f) conference or to exceed the presumptive limit of 10 depositions per side).
State rules vary. Some states cap deposition length or number; many follow the federal one-day, seven-hour default, but always verify your jurisdiction's rule and any standing order from the judge.
Check the operative scheduling order. The discovery cutoff is the date by which depositions must be completed, not merely noticed.

Step 2: Coordinate Dates Before You Notice

Picking a date unilaterally and serving it is technically allowed in most jurisdictions, but it invites motions and ill will. The professional norm is to clear dates first.

Email opposing counsel two or three proposed dates. Give realistic windows, not "next Tuesday."
If the witness is a party, opposing counsel produces them. If the witness is a non-party, you will need a subpoena and must coordinate directly or through their counsel.
Confirm the time zone and whether the deposition is in person or remote. This matters more than people expect when participants are in different states.
Build in a buffer before the discovery cutoff so a reschedule does not blow your deadline.

Step 3: Prepare and Serve the Notice of Deposition

The notice is the formal document that makes the deposition real. Requirements differ by jurisdiction, but a complete notice generally includes:

The deponent's name (or, for an organization, a Rule 30(b)(6)-style designation describing the topics).
Date, start time, and location, or the remote platform and access details.
The method of recording: stenographic, audio, video, or a combination.
For document depositions, a request or subpoena duces tecum listing what the witness must bring.

Serve the notice on all parties with enough lead time. Many practitioners aim for at least 10 to 14 days, but check your local rule, which may specify "reasonable notice" or a hard minimum.

Step 4: Subpoena Non-Party Witnesses

A notice alone compels a party. To compel a non-party to appear, you need a subpoena.

Issue the subpoena from the proper court and serve it according to your rules, often requiring personal service and, in many places, a witness/mileage fee tendered at service.
Mind geographic limits. Federal Rule 45 restricts where a non-party can be required to appear, generally within 100 miles of where they live or work.
Allow extra time. Service can take days, and an improperly served subpoena is unenforceable.

Step 5: Book the Court Reporter (and Videographer)

The deposition is not on the calendar until a qualified court reporter is confirmed. The reporter creates the official transcript and administers the oath.

Book as early as possible. Good reporters fill up, especially for multi-day or specialized matters.
Match the reporter to the job. For technical, medical, or financial testimony, a reporter experienced in that vocabulary produces a cleaner record.
Decide on add-ons up front: real-time feed, rough draft, expedited delivery, and video. Each affects cost and scheduling.
For remote depositions, confirm the firm supports your platform and can handle remote exhibit sharing and the witness oath.

You can compare court reporters and depositions firms for free on the courtreporter.co directory, which lets you search by location and service so you are not relying on a single vendor's availability or rates.

Step 6: Understand the Costs

Pricing varies significantly by region, urgency, and format, so treat any single quote as a starting point.

Reporters typically charge an appearance or per-diem fee plus a per-page transcript rate. Per-page rates commonly fall in the low-single-digit to mid-single-digit dollars per page for standard delivery, with expedites costing more.
Video adds a separate per-hour or per-day charge plus media/processing fees.
Real-time and rough drafts are usually billed on top of the standard transcript.

Ask for the full fee schedule in writing before the date, including expedite and cancellation terms.

Step 7: Handle Logistics and Confirmations

In the final stretch, confirm the details that cause day-of problems.

Reserve a conference room or set up the remote link, and test the technology in advance.
Arrange an interpreter if the witness needs one, and disclose that to the reporter.
Prepare and pre-mark exhibits; for remote depositions, decide how exhibits will be delivered.
Send a reminder to your own witness, including what to bring and when to arrive.
Reconfirm with the court reporter 24 to 48 hours out.

Step 8: Know Your Cancellation and Reschedule Rules

Things change. Protect yourself and stay courteous.

Court reporters often charge a cancellation fee if you cancel inside a set window, frequently 24 to 48 hours. Know the policy before you book.
If you reschedule, serve an amended notice so the record is clean.
Notify everyone promptly. A late cancellation that nobody communicates is how parties end up appearing for a deposition that is not happening.

Quick Pre-Deposition Checklist

Discovery open and deposition permitted
Dates cleared with opposing counsel and witness
Notice prepared and timely served
Subpoena issued and served for any non-party
Court reporter (and videographer) confirmed in writing
Exhibits prepared, room or platform ready, interpreter arranged if needed
Reminders sent and final reconfirmation done

Scheduling a deposition rewards lead time and clear communication. Lock in your witness and your reporter early, document everything, and the day itself becomes the easy part.