How is a deponent notified?
If you are named in a lawsuit, your attorney will receive the notification of the deposition and contact you. A party to the suit does not need to be served with a subpoena. A “Notice To Take Deposition” is the only document necessary to require your attendance. Generally, if you are not a party to the lawsuit, you can only be compelled to attend a deposition by subpoena (a document seeking to have a witness give testimony or produce certain documents at a specific date, time, and place). Individual Preparation Ask your attorney whether or not you should review records relative to the incident issue in question. You may be advised not to refresh your memory and to (honestly) testify that you do not recall certain facts. Do not alter records in any way. Changes made to the record could be cited by the other side as an admission of guilt. Pre-deposition Meeting With Your Attorney Communication with your attorney is essential and privileged. Contents of your discussions cannot be obtained
