How to Schedule a Deposition Step-by-Step

Depositions are the meat of the discovery sandwich—they allow attorneys to examine the testimonies and presentation of potential witnesses, and are key to both trial strategy and settlement negotiations. 

But preparing for a deposition isn’t just about researching the deponent and drafting examination questions. It’s crucial to coordinate correctly with your legal support team and ensure all depositions are accurately scheduled. To ensure your deposition is scheduled in a timely manner, follow this step-by-step guide on how to schedule proceedings properly. 

Step #1: Confirm Case Details and Parties Involved

First, check and confirm that you have accurate and up-to-date information. This includes: 

• Witness names, addresses, and other contact information
• Attorneys and other key individuals, such as insurance or organization contacts
• Case information, including occurrence dates, locations, and involved parties
• Governing court rules (i.e., Federal Rules of Civil Procedure or other)

Step #2: Choose the Right Deposition Services Provider

Look for a litigation support services provider that works within your jurisdiction, practice area, and unique needs. When you’re vetting providers, ask if they offer: 

• A remote deposition platform designed specifically for legal proceedings
• Court reporters nationwide, including those with practice area specialization
• Realtime transcription
• Interpreting capabilities 
• Legal transcription and translation 
• AI-powered deposition summaries

Additionally, look for a provider with HIPAA compliance and strict cybersecurity protocols to maintain proper security of your case files.

Step #3: Pick a Date, Time, and Location (or Virtual Option)

Check on the availability and geographic locations of the deponent and other key attendees. Before scheduling, consider: 

• On-site location, remote method, or hybrid 
• Time zones
• Specific meeting room size, features, and equipment
• Travel time and expense

A dedicated court reporting firm may assist in tracking hours billed for the deposition process and related preparation.

Step #4: Arrange for a Court Reporter and Additional Services

A deposition is more than just an interview with frills—it’s an official legal proceeding that must follow certain protocols. Under the Federal Rules of Civil Procedure (FRCP), an officer of the court must provide opening and closing statements and swear in the deponent.¹

Court reporters fulfill this function, capturing the event as a legal transcript. You may also need to arrange for: 

• Interpreter for a non-native English-speaking deponent
• Realtime transcription if attorneys would like to view the draft transcript as it’s captured 
• Legal videography services 

Step #5: Provide Notice of Deposition

Under the Federal Rule 30 of Civil Procedure, you simply have to offer “reasonable written notice” to a deponent, although Rule 32 suggests 14 days as a minimum to avoid a “short notice” categorization.^1,2

If your court isn’t operating under the FRCP, check on timing, content, and other requirements. The minimum time between notice delivery and date of deposition may also vary depending on whether a subpoena is involved, if the deponent needs time to arrange for counsel, and other factors. 

The notice of deposition should contain: 

• Deponent’s name and address if known (or description sufficient to identify them)
• Deposition date and time
• Location and/or method of attendance if virtual
• Method for recording the testimony (stenographic, audio, audiovisual)
• If desired, a request to produce documents and tangible things at the deposition

Be sure to properly serve the notice to all opposing attorneys, and confirm that they receive it within the required timeframe. Additionally, verifying that you have all the required information for your witness and their availability will smooth the scheduling process. Modern systems also allow you to send documents electronically and track the exact timestamp of delivery, ensuring the security of the information.

Step #6: Confirm Logistics and Technology Setup

A technology glitch has the potential to derail momentum, interrupt your control of the proceeding, or lead to rescheduling. Before the deposition, confirm these steps are handled by your team, including testing far enough in advance to replace or repair equipment if needed: 

• Prepare audio/video transcripts relevant to the examination (i.e., a 911 call)
• Create exhibits useful for the examination of the deponent (i.e., a collision diagram)
• Prepare and test exhibit functionality and visibility 
• On-site viewing screens, controls, connectivity, and power in the meeting room
• For remote depositions, test meeting platform audio, video, controls, and tech support

Step #7: Day-of-Deposition Checklist

Finally, prepare for what you have planned and for how to deal with the unplanned. Deposition attendees should bring: 

• Attorneys – Exhibits to be reviewed (3 copies if printed or digital copies), question lists, case files, highlighters, notepads, pens, laptop or other device. These lists should include all potential questions, ensuring thorough preparation. 

• Witnesses – A valid photo ID and any requested documents (original plus 3 copies). Do not bring any other written materials or notes. Expert witnesses should also bring proof of expertise, relevant reports, foundational materials, and original notes. Clients should ensure their cases are adequately represented through well-prepared expert testimony.

• Court reporters – Depending on the court reporting methodology used for the proceeding, the technology may vary. Stenographic court reporters will bring their steno machine, while digital reporters will bring microphones, laptops, and other recording equipment. Regardless of the methodology, professional reporters always employ backup equipment. 

To ensure a seamless start to the proceeding, review these needs in advance and double-check with those under your supervision—your legal team, court reporter (or your client or witness if you’re the opposing counsel). 

Simplify Scheduling with a Trusted Partner

As with many legal proceedings, there are strict guidelines around the scheduling and notice of depositions. To make the most of them, keep this guide handy and consider working with an experienced litigation support partner who can manage much of the process for you.

When you partner with U.S. Legal Support, you can offload the logistics of scheduling—from sending out remote deposition links and securing conference rooms to arranging interpreters, videographers, and realtime reporters. Simply send your Notice of Deposition, and our team will take care of the rest.

For nearly 30 years, we’ve supported attorneys and firms of all sizes and specializations across the country. We can help you with depositions from start to finish, with our RemoteDepo Pro remote deposition platform, a deep network of 5,000+ professional court reporters, plus translators, interpreters, and transcriptionists, and AI-powered deposition summaries. 

Contact us today to learn more about how we can streamline your depositions and other litigation needs or contact scheduling@uslegalsupport.com to schedule an upcoming proceeding. 

Sources: 

1. Cornell Law School. Rule 30. Depositions by Oral Examination. https://www.law.cornell.edu/rules/frcp/rule_30
2. Cornell Law School. Rule 32. Using Depositions in Court Proceedings. https://www.law.cornell.edu/rules/frcp/rule_32

Julie Feller

Julie Feller is the Vice President of Marketing at U.S. Legal Support where she leads innovative marketing initiatives. With a proven track record in the legal industry, Juie previously served at Abacus Data Systems (now Caret Legal) where she played a pivotal role in providing cutting-edge technology platforms and services to legal professionals nationwide.