Who Can Be Deposed?

Depositions are one of the most flexible discovery devices attorneys have at their disposals. There are far fewer rules for deposing people than there are interrogatories and requests for admissions. Here are some of the people who may be brought before a court reporter in San Jose for a deposition.

Any party to the case can be deposed during the discovery phase. A party can be either a person or an organization. In the event that the party is an organization, employees or other people with knowledge of the events may be deposed. In some cases, a deposition notice sent to a party organization may simply specify that the person with the most knowledge of the situation should attend the deposition. Non-parties may also be deposed, such as witnesses to events or people with knowledge of actions by the parties in the case. For non-party deposition witnesses, the deposition notice also requires a subpoena. Both party and non-party deponents can also be required to produce documents related to the case. The request for documents should be included in the deposition notice.

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