A deposition notice might seem like a simple procedural step, but drafting it incorrectly can be fatal to your case. A missing clause, improper notice, or failure to specify trial-use intent could mean that:

• You can’t use the deposition at trial.
• Your video deposition gets excluded.
• The deponent refuses to produce documents.
• The opposing party challenges the deposition’s validity.

California’s Code of Civil Procedure (CCP) sets strict rules for depositions. If you don’t follow them precisely, you risk wasted time, discovery disputes, and missing out on critical testimony.

This guide walks you through the exact language you need in a deposition notice, how to ensure it’s trial-ready, and how to avoid common mistakes.

1. Name the Right Deponent (and Be Specific for PMKs)

Before drafting your notice, determine who should be deposed:

• Key witnesses – Individuals with firsthand knowledge.
• Corporate representatives (PMKs) – Name the company and request the “Person Most Knowledgeable” (PMK) under CCP § 2025.230.
• Expert witnesses – Can only be deposed after expert disclosures.
• Non-parties – Require a subpoena under CCP § 2020.310.

Legal Authority:

• CCP § 2025.220 (General Deposition Notice Rules)
• CCP § 2025.230 (Corporate PMK Depositions)
• CCP § 2020.310 (Depositions of Non-Parties)

2. Set the Proper Date & Location

Timing:

• The notice must be served at least 10 days before the deposition (CCP § 2025.270).
• If served by mail, add 5 extra days (CCP § 1013).
• Out-of-state depositions require additional lead time.

Location:

• For party witnesses, depositions must be within 75 miles of their residence or within the county where the action is pending (CCP § 2025.250).
• For non-party witnesses, depositions must occur in the county where they live or work.

Legal Authority:

• CCP § 2025.270 (Deposition Timing)
• CCP § 2025.250 (Deposition Location Rules)

3. Include the Exact Language Needed for Trial Use (Avoid Fatal Pitfalls!)

A deposition isn’t just for discovery—it’s your backup testimony if a witness becomes unavailable at trial. However, California law requires specific notice language to ensure the deposition is admissible.

• Common Pitfall: Failing to Include Trial-Use LanguageWithout this language, your deposition may be inadmissible at trial under CCP § 2025.620.

• Required Trial-Use Language (Copy & Paste This!):

PLEASE TAKE NOTICE that this deposition is being taken for all purposes permitted by law, including use at trial under CCP §§ 2025.620(d) and 2025.340(m) in the event the deponent becomes unavailable.

Legal Authority:

• CCP § 2025.210 (Deposition Notice Requirements)
• CCP § 2025.620 (Trial Admissibility of Depositions)

4. Attach a Request for Documents (and Avoid Motion Practice)

If you need the deponent to produce documents, include a Demand for Production under CCP § 2025.220.

• Serve at least 30 days before the deposition.
• Be specific—overbroad requests will trigger objections.
• If the deponent refuses, you may need to file a motion to compel.

• Sample Language for Document Requests:

PLEASE TAKE FURTHER NOTICE that the deponent is required to produce the following documents at the deposition pursuant to CCP § 2025.220(a):1. All emails, text messages, and communications regarding [Subject].2. Any contracts, agreements, or correspondence relating to [Topic].

Legal Authority:

• CCP § 2025.220 (Production Requests in Deposition Notices)
• CCP § 2025.450 (Motion to Compel Deposition Production)

5. Use Video Depositions (But Don’t Forget This Critical Step!)

Why Use a Video Deposition?

• Captures demeanor and tone—critical for trial.
• Used when a witness is unavailable at trial under CCP § 2025.620(d).
• Stronger impeachment tool for contradicting testimony.
• Pitfall: Failing to Include Video Deposition Notice

If you don’t specify video recording in your notice, you cannot use the video at trial!

• Required Video Deposition Notice Language:

PLEASE TAKE NOTICE that this deposition will be videotaped pursuant to CCP §§ 2025.330(c) and 2025.340(m). The video may be used at trial in accordance with CCP § 2025.620(d).

Legal Authority:

• CCP § 2025.330 (Video Deposition Rules)
• CCP § 2025.620 (Trial Use of Depositions)

6. Serving the Deposition Notice Properly

• For Party Witnesses – Serve the attorney of record.
• For Non-Party Witnesses – Serve a subpoena with a deposition notice.

Service Methods:

• Personal service (Best for non-parties).
• Mail or email (If agreed by parties).

Legal Authority:

• CCP § 2025.240 (Service of Deposition Notice)
• CCP § 2020.310 (Subpoena for Non-Parties)

7. What to Do If the Deponent Fails to Appear?

• If a party witness no-shows:
• File a Motion to Compel Deposition under CCP § 2025.450.
• Request monetary sanctions for costs incurred.
• If a non-party witness no-shows:
• Serve a Deposition Subpoena (CCP § 2020.310).
• If they fail to appear, file a Motion to Compel Compliance.

Legal Authority:

• CCP § 2025.450 (Motion to Compel Deposition)
• CCP § 2020.310 (Subpoena for Non-Parties)

Final Takeaways: How to Draft a Winning Deposition Notice

• Name the right deponent – Fact witnesses, experts, or PMKs.
• Choose the right timing & location – Follow CCP rules for scheduling.
• Include trial-use language – Ensure deposition can be used at trial.
• Use video deposition notice – Avoid losing key testimony.
• Anticipate objections – Draft precisely to avoid disputes.

Pro Tip: A perfectly drafted deposition notice avoids motion practice, objections, and exclusion at trial. Don’t leave it to chance—get it right the first time!

Need help with depositions or discovery strategy?

Drop your questions in the comments or connect with Trials & Tech for expert litigation tips! #CaliforniaLaw #Depositions #LitigationStrategy