A notice of deposition is a formal document telling you that you must give sworn, out-of-court testimony in a lawsuit, with your answers recorded and usable later in the case. It sets a date, time, and place, names the attorney who scheduled it, and arrives as part of the pretrial fact-gathering process called discovery. Whether you are a party to the lawsuit or a witness who happens to know something relevant, the right first step after one lands in your hands is to get it in front of a lawyer.
What the Notice Actually Says
Every notice follows roughly the same shape. The case caption at the top identifies the court, the parties, and the case number. Below that, the document spells out the details you need to act on.
- The name of the person to be deposed, and their address if known. If the name is unknown, the notice must describe the person or the group they belong to specifically enough to identify them.
- The exact date, time, and physical address where you are expected to appear.
- How the testimony will be captured — stenographic court reporter, video, or audio recording.
- Any documents or records you are required to bring. These may be listed in the notice itself or attached as a separate subpoena duces tecum.
- The name, firm, and contact information of the attorney who scheduled the deposition.
These requirements come from Federal Rule of Civil Procedure 30(b)(1).1Cornell Law School. Federal Rules of Civil Procedure Rule 30 – Depositions by Oral Examination State courts follow similar rules, though specific formatting varies.
If your notice says the deposition will happen by phone or video, the deposition is legally considered to take place wherever you are answering the questions, not where the attorney is sitting.1Cornell Law School. Federal Rules of Civil Procedure Rule 30 – Depositions by Oral Examination Expect login details or a dial-in to arrive with the notice. A court reporter still opens the session on the record and administers the oath remotely.
Do You Have to Show Up?
Yes. What compels you depends on your role.
If you are a plaintiff or defendant in the case, the notice alone is enough. You are already under the court’s authority by being a party, so the notice itself requires you to appear.1Cornell Law School. Federal Rules of Civil Procedure Rule 30 – Depositions by Oral Examination
If you are not a party — just a witness with relevant information — the notice by itself does not bind you. A non-party has to be served with a subpoena, which is the actual court order compelling attendance. Without the subpoena, there is no legal obligation to appear. Federal rules also set a geographic limit: a non-party generally cannot be forced to travel more than 100 miles from where they live, work, or regularly do business. A subpoena beyond that range may not be enforceable.
Either way, give the notice to your attorney immediately. If you don’t have one, this is the moment to find one. An attorney can review the notice for defects, prepare you for the questioning, and sit beside you during the deposition itself.
How Much Notice Is Enough?
The federal rules require “reasonable written notice” but do not fix a specific number of days.1Cornell Law School. Federal Rules of Civil Procedure Rule 30 – Depositions by Oral Examination What counts as reasonable depends on the complexity of the case, how far you would have to travel, and whether you need time to pull documents together. A timeline that is genuinely too tight is a legitimate basis for asking to reschedule.
Pushing Back on the Notice
You can’t skip a deposition because it’s inconvenient or stressful. But there are legitimate grounds to object.
Valid reasons include an unreasonable location, a date that leaves no time to prepare, a travel distance that exceeds what the rules allow, or questions that would invade a legal privilege such as attorney-client communications. The federal rules also cap each side at 10 depositions total without court permission, so a notice that would push the count past that limit is itself objectionable.1Cornell Law School. Federal Rules of Civil Procedure Rule 30 – Depositions by Oral Examination
The first move is informal. The attorneys talk, and most disputes get resolved with a reschedule or a change of location. If they can’t agree, the objecting party files a motion for a protective order asking the court to modify or cancel the deposition. If the objecting party demands it, the deposition must be suspended until the judge rules.1Cornell Law School. Federal Rules of Civil Procedure Rule 30 – Depositions by Oral Examination Do not simply skip the deposition because you’ve filed a motion. Unless the court has actually granted it or the rules explicitly require suspension, you’ll be treated as a no-show.
What Happens If You Ignore It
The consequences split sharply by role.
If you are a party and you fail to appear, the court can impose sanctions under Federal Rule of Civil Procedure 37. Those sanctions range from paying the other side’s attorney fees to being barred from introducing certain evidence at trial to a default judgment entered against you, meaning you lose the case outright.2Cornell Law School. Federal Rules of Civil Procedure Rule 37 – Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
If you are a non-party witness who was properly served with a subpoena and still didn’t appear, the court can hold you in contempt. Contempt carries monetary fines and, in extreme cases, jail time until you comply. A subpoena is a court order, and judges do not treat refusal lightly.
Preparing for the Deposition
A deposition is not a casual conversation. Everything you say is under oath and recorded, and the transcript follows the case through trial. Preparation matters.
Your attorney has the right to be in the room with you. They cannot feed you answers, but they can object to improper questions and, in narrow situations, instruct you not to answer. Knowing someone is there to intervene when a question crosses a line takes a lot of the pressure off.
Before the day arrives, your attorney will likely walk you through the key facts and the documents you may be asked about. A few habits worth internalizing:
- Listen to the full question before you start answering. Rushing produces answers broader than what was actually asked, and every extra word becomes part of the record.
- Say “I don’t know” when you genuinely don’t know. Guessing or speculating under oath is far more dangerous than admitting a gap.
- Answer only what was asked. Opposing counsel is hoping you’ll volunteer more. Short, truthful answers give them less material.
- Ask for clarification if a question is confusing. You are not required to guess what the attorney meant.
If the notice asks for documents, gather them in advance and review them with your attorney. Showing up empty-handed can trigger a second deposition or a court order compelling production.
What the Day Looks Like
Depositions usually happen in an attorney’s office or a conference room, not a courtroom. There is no judge. A court reporter administers the oath, and from that point on, your words carry the same legal weight as testimony in court.
The attorney who requested the deposition questions you first. Your attorney can object on the record, but in most cases you still have to answer; the objection is preserved for a judge to rule on later. The narrow exceptions where your attorney can instruct you not to answer at all involve a legal privilege, a court-imposed limitation, or a motion to terminate the deposition.1Cornell Law School. Federal Rules of Civil Procedure Rule 30 – Depositions by Oral Examination
Federal rules cap a deposition at one day of seven hours unless the court orders otherwise or the parties agree to a different arrangement.1Cornell Law School. Federal Rules of Civil Procedure Rule 30 – Depositions by Oral Examination That clock only counts time on the record; breaks and lunch don’t eat into it. The court can extend the limit if the questioning attorney needs more time because the deponent was evasive or the subject matter is unusually complex.
If the deposition is being conducted in bad faith or in a way meant to harass or embarrass you, your attorney can suspend the session and ask the court for a protective order.1Cornell Law School. Federal Rules of Civil Procedure Rule 30 – Depositions by Oral Examination
Witness Fees for Non-Parties
If you are a non-party subpoenaed for a deposition, you are entitled to compensation, though the numbers are modest. Under federal law, the attendance fee is $40 per day, which also covers travel time.3Office of the Law Revision Counsel. 28 U.S. Code 1821 – Per Diem and Mileage Generally; Subsistence If you drive yourself, you receive mileage reimbursement at the rate set by the General Services Administration, currently 72.5 cents per mile for 2026.4GSA. GSA Bulletin FTR 26-02
State courts set their own fee schedules, and the range is wide. Some pay only a few dollars per day; others pay closer to $50 or more, with mileage on top. The party who issued the subpoena is responsible for paying the fees, and in many jurisdictions a subpoena is not enforceable unless the fees were tendered along with it. If you are uncertain whether you are being properly compensated, your attorney can check the schedule for the court that issued the subpoena.