Depositions usually take place in a conference room at one of the attorneys’ offices, in a suite rented from a court reporting agency, in a hotel or mediation center, or remotely over a video conferencing platform. The party that notices the deposition picks the initial location, but the opposing side can negotiate a change or ask a judge to move it. Where do depositions take place when a non-party witness is involved? The federal rules cap how far that witness can be made to travel at 100 miles from home, work, or their regular place of business.
Law Office Conference Rooms
The most common setting is a conference room at one of the attorneys’ offices. A court reporter sits at the table with a stenotype machine and produces a word-for-word transcript. If the testimony is also being video-recorded, a videographer sets up cameras and microphones in the same room. These spaces work because they already have the power outlets, table space, and quiet environment a proceeding that may run several hours requires.
The hosting firm is usually the one that noticed the deposition, but not always. Sides often agree to meet at the office closer to the witness, or at whichever firm has the better-equipped conference room.
Court Reporter Suites
Court reporting agencies rent dedicated suites built for depositions. They serve as neutral ground when neither side wants to host at their own firm. Suites often include audiovisual equipment, private breakout rooms for confidential attorney-client conversations, and on-site technical support. Some agencies waive the room fee when the party also books the agency’s court reporting services for the same session.
Hotels and Mediation Centers
When law offices and reporting suites are unavailable, attorneys sometimes reserve conference rooms at hotels or mediation centers. Any location can work as long as it provides enough privacy, a professional atmosphere, seating for all participants, and reliable power for recording equipment. This option comes up most often when the witness is traveling and the parties want to meet near an airport or at a city halfway between the firms.
Remote and Virtual Depositions
Remote depositions are now a standard alternative to in-person sessions. Attorneys, witnesses, and the court reporter connect through a video conferencing platform, with the witness typically appearing from their own attorney’s office or a quiet room at home. Under the federal rules, the parties can agree to hold a deposition remotely, or the court can order it on a motion from either side.1Cornell Law School. Federal Rules of Civil Procedure Rule 30 – Depositions by Oral Examination
For legal purposes, a remote deposition takes place where the witness is sitting when they answer the questions, not where the attorneys or the court reporter are located. Federal Rule of Civil Procedure 30(b)(4) says so directly.1Cornell Law School. Federal Rules of Civil Procedure Rule 30 – Depositions by Oral Examination This matters because it determines which jurisdiction’s rules govern the proceeding and where a court can enforce compliance.
One detail that varies is whether the officer administering the oath, usually a notary or the court reporter, must be in the same room as the witness. Some states allow the oath to be given remotely over video as long as the officer can see and hear the witness clearly. Others require the officer to be physically present with the witness unless the parties agree otherwise. Attorneys handling remote depositions across state lines typically confirm these requirements in advance to avoid challenges to the testimony later.
Who Chooses the Location
The party requesting the deposition picks the initial time and place by serving a notice of deposition on every other attorney in the case. Federal Rule 30(a)(1) requires that this notice give “reasonable written notice” and state the time and place of the deposition.1Cornell Law School. Federal Rules of Civil Procedure Rule 30 – Depositions by Oral Examination The federal rules do not set a specific minimum number of days, though many local court rules and state systems require at least 14 days’ notice.
In practice, attorneys on both sides usually negotiate the location and date informally before the notice is filed. If the proposed location is unreasonable, for example forcing a witness to travel to a distant city when a closer option exists, the opposing side can file a motion for a protective order. A judge then reviews whether the location imposes an undue burden and can order the deposition moved.2Cornell Law School. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose; General Provisions Governing Discovery
The 100-Mile Rule for Non-Party Witnesses
Non-party witnesses, meaning people who are not plaintiffs or defendants in the case, receive strong travel protections. Federal Rule of Civil Procedure 45 limits a subpoena to commanding attendance only within 100 miles of where the person lives, works, or regularly transacts business in person.3Office of the Law Revision Counsel. Federal Rules of Civil Procedure Rule 45 – Subpoena If a witness receives a subpoena requiring travel beyond that radius, they can file a motion to quash or modify it.
Parties to the lawsuit face different expectations. A plaintiff generally must make themselves available for deposition in the district where they filed the case. A defendant may be required to appear where the litigation is pending or where the underlying events took place. Courts balance efficiency against fairness when setting these locations, but parties typically cannot refuse to travel the way non-party witnesses can.
Corporate Representative Depositions
When one side wants testimony from a company, government agency, or other organization rather than a specific individual, Federal Rule 30(b)(6) lets them name the organization itself as the deponent. The organization then designates one or more people to testify on its behalf about specified topics.1Cornell Law School. Federal Rules of Civil Procedure Rule 30 – Depositions by Oral Examination Both sides must confer in good faith about the subjects the deposition will cover.
Location disputes come up often in these depositions because the designated representative may work at a distant office. The requesting party and the organization typically negotiate whether the deposition will happen at the company’s headquarters, at the requesting attorney’s office, or remotely. If they cannot agree, either side can ask the court to set the location.
Senior executives and high-ranking government officials get an additional layer of protection under what courts sometimes call the apex doctrine. A court may block or limit the deposition of a top official if the requesting party cannot show the person has direct, firsthand knowledge of the facts and that the information is not available from lower-level employees or documents. When courts do allow an apex deposition, they often restrict the length and scope of questioning and may require the session to be held at a time and place more convenient for the official.