Deposition Checklist for Attorneys: 10 Things to Do Before Your Deposition

The court reporter is the foundation of your deposition record. Book as early as possible — ideally the moment you confirm the deposition date. In high-demand markets (New York, Los Angeles, Washington DC, Chicago), experienced reporters fill up weeks in advance. Waiting until the last minute forces you to take whoever is available rather than the reporter best suited to your case type.

When booking, confirm: the reporter's credentials (RPR, state CSR/CCR), their experience with your subject matter (medical, technical, commercial), the appearance fee and per-page rate, and your desired delivery speed. CourtReporters.com lets you filter by credential, city, and specialty.

Remote depositions are now standard practice, but the format needs to be confirmed early — not the day before. If the deposition is remote, confirm the video platform being used (Zoom, Microsoft Teams, Veritext Virtual, etc.), ensure all parties have access and compatible technology, and communicate the platform details to your court reporter so they can prepare their setup.

If the deposition is in-person, confirm the physical location, room setup, and whether the reporter needs parking validation or building access instructions. Some jurisdictions still require specific location disclosures in the deposition notice for in-person proceedings.

Deposition notice requirements are state-specific and judge-specific. Under the Federal Rules of Civil Procedure (Rule 30), reasonable notice is required — interpreted by courts as generally 5 to 10 business days minimum. Many states have stricter requirements. Florida, for example, requires 5 days for a party deponent and may require longer notice for non-party witnesses served by subpoena.

Your notice should specify: the date, time, and location (or remote platform); the method of recording (stenographic, video, or both); and the name of the officer before whom the deposition will be taken. Failing to identify the court reporter or recording method in the notice has been used to challenge transcripts in some jurisdictions.

Video depositions serve multiple strategic purposes: preserving witness demeanor, creating clips for trial use, and providing a safeguard if the witness becomes unavailable. If you want video, arrange it now — not the day before. Confirm whether you need a separate videographer or whether your court reporter can coordinate videography through their network.

Also decide upfront whether you want video synchronization — the linking of timecoded video to the transcript. Synced transcripts allow you to search by keyword and immediately jump to the corresponding video clip, which is invaluable for trial preparation. Video sync is added after production and carries an additional per-hour fee.

If the deponent is not a fluent English speaker, you need a certified interpreter — and this is not something to arrange at the last minute. Certified legal interpreters for common languages (Spanish, Mandarin, Portuguese) are generally available with a few days' notice. Less common languages may require one to two weeks of lead time.

Confirm with the interpreter: the specific language and dialect needed, whether they are certified for legal proceedings, their familiarity with the relevant subject matter, and whether the deposition is remote or in-person. Provide the interpreter with any technical vocabulary likely to come up so they can prepare appropriate terminology.

Disorganized exhibits slow depositions, frustrate witnesses, and create confusion in the transcript. Before the deposition, identify every document you plan to mark as an exhibit, assign preliminary exhibit numbers or letters, and organize them in the order you plan to use them.

For remote depositions, pre-share exhibits with opposing counsel and the court reporter 24 to 48 hours in advance when possible. Have digital copies ready to screen share during the deposition. For in-person depositions, bring multiple copies — one for the witness, one for opposing counsel, and one for the court reporter to attach to the transcript.

This seems obvious, but failing to reconfirm a deponent's availability within 24 to 48 hours of the deposition is one of the most common causes of last-minute cancellations. For party deponents represented by counsel, confirm through opposing counsel. For non-party witnesses, reconfirm compliance with any subpoena or voluntary agreement.

Also confirm any time constraints the deponent has. If the witness needs to leave by a specific time, you need to know that in advance — not after you have spent two hours on background questions.

Pre-deposition communication with opposing counsel about ground rules is worth the time investment. Agreeing on stipulations in advance — such as whether objections must be stated concisely for the record, whether speaking objections are permitted, and how privilege objections will be handled — prevents the deposition from becoming a battleground over procedure.

If you are deposing an expert witness, confirm whether the scope of deposition is limited to the topics addressed in the expert report. Addressing these questions before the deposition avoids costly motions to compel or motions for protective orders afterward.

Technology failures are the single biggest source of disruption in remote depositions. Test your setup the day before — not five minutes before the deposition starts. Check your camera angle and lighting (position the camera at eye level, ensure your face is well-lit from the front), your microphone quality (use a dedicated headset if possible), and your internet connection speed and stability.

Log into the video platform using the same device you plan to use during the deposition and verify that screen sharing works for your exhibit files. If you are sharing documents in PDF format, open them in advance and confirm they display correctly at the zoom level needed for the witness to read them clearly.

Decide your transcript delivery speed before the deposition and communicate it to your court reporter at booking. The options — standard, expedited, daily copy, same-day, rough draft — carry very different per-page rates, and selecting the right option for your needs avoids both unnecessary expense and last-minute scrambling.

As a general rule: order standard delivery unless you have an upcoming deadline, order a rough draft if you need to review testimony the same evening, and reserve expedited or daily copy for cases where trial preparation or follow-up depositions require fast turnaround. Communicate delivery preferences in writing at booking to avoid disputes on the invoice.