A Practical Guide to Drafting Deposition Notices for Modern Proceedings
February 6, 2026
Court Reporting
A Practical Guide to Drafting Deposition Notices
Purpose of This Guide
Depositions today are no longer confined to a single room, a single method of appearance, or a single method of recording. Remote proceedings, hybrid attendance, digital capture, real-time text, and evolving courtroom technology have fundamentally changed how depositions are conducted. Using flexible language preserves optionality without requiring re-notice.This guide provides practical best practices for drafting deposition notices that:
- Reflect modern litigation practice
- Preserve procedural compliance
- Reduce objections, disputes, and re-noticing
- Remain flexible as technology continues to advance
Why Modern Deposition Notice Language Matters
Historically, deposition notices assumed:- All participants would appear in person
- A single method of recording would be used
- The officer administering the oath would be physically present
- Limit permissible methods of appearance or recording
- Trigger objections on the record
- Require amended or re-issued notices
- Cause unnecessary scheduling delays
Core Elements Every Modern Deposition Notice Should Address
A well-drafted deposition notice should clearly and intentionally address:- Method of appearance
- Method of recording
- Video recording (if applicable)
- Interpreter participation (if applicable)
- Administration of the oath
- Location and/or virtual platform
1. Method of Appearance: In-Person, Remote, or Hybrid
Best Practice
Modern notices should anticipate that participants may appear:- In person
- Remotely
- In a hybrid combination
Recommended Language: “The deposition will be conducted in person and/or remotely via videoconference, with participants appearing in person or remotely, as applicable.”
This approach reflects current practice and avoids unnecessary procedural disputes.2. Method of Recording & Capture of the Official Record
All jurisdictions permit stenographic capture of the official record. However, rules governing non-stenographic methods (such as digital or audio-based capture) vary by jurisdiction and may require express notice.Best Practice
Where permitted by law, notices should avoid unnecessarily limiting the method of capture and should authorize all lawful methods.Recommended Language (where permitted by applicable law)
In states where non-stenographic methods of capture are permitted, it is important to have the proper language in your deposition notice such as:Please take notice that, pursuant to the applicable [State] procedural rules, [Party] will take the deposition of [Witness] beginning at [Time], [Date], at [Location]. In accordance with such procedural rules, the deposition may be recorded by non-stenographic means, utilizing digital audio equipment or another alternative method of capture. [If applicable: “This proceeding will also be separately recorded via video technology.”] The testimony will be recorded by an official authorized to administer oaths in the State of [State]. The certified transcript of this deposition proceeding is intended for all uses permitted under applicable procedural rules.
Attorneys should confirm jurisdiction-specific requirements regarding admissibility and notice.3. Video Recording Considerations
Video recording is now common, particularly in remote and hybrid proceedings. If video recording is contemplated, it should be clearly authorized in the notice.Recommended Language: “The deposition may be video recorded in addition to any other authorized recording methods, where permitted by law.”
This minimizes disputes regarding authorization and intent.
4. Interpreter Participation
When an interpreter is required, the notice should clearly identify:- That an interpreter will be present
- The language and dialect (if applicable)
- Whether the interpreter may appear in person or remotely
Recommended Language: “An interpreter fluent in [language/dialect] will be present and may appear in person or remotely, as applicable.”
Clear interpreter language supports scheduling, compliance, and efficiency.5. Administration of the Oath
The administration of the oath is a critical procedural requirement. In modern proceedings, the authorized officer administering the oath may appear either in person or remotely, depending on jurisdictional rules.Recommended Language: “The witness shall be duly sworn by an authorized officer, whether present in person or appearing remotely, where permitted by applicable law.”
This anticipates modern practice while preserving jurisdictional compliance.
6. Location, Venue, and Virtual Platform Language
Notices should clearly account for both physical locations and virtual platforms, especially in hybrid proceedings.Recommended Language: “The deposition will take place at [physical address], and/or remotely via videoconference, with participants appearing in person or remotely, as applicable.”
Avoid language that implies attendance is limited to a single physical location unless intentionally required.
Common Pitfalls to Avoid
The following issues frequently lead to objections or re-noticing:- Limiting the notice to a single method of recording without flexibility
- Omitting authorization for remote oath administration
- Using in-person-only language for remote or hybrid proceedings
- Requesting video recording without clear authorization
- Failing to address interpreter logistics
- Thoughtful drafting helps prevent these avoidable disruptions.
Looking Ahead: Drafting Notices for a Rapidly Advancing Future
Best practice is to:- Authorize all lawful methods without over-specifying technology
- Avoid naming specific platforms unless required
- Focus on compliance, clarity, and adaptability
Conclusion
Clear, modern deposition notice language helps:- Reduce disputes and delays
- Preserve procedural integrity
- Accommodate in-person, remote, and hybrid proceedings
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