§387 Notice of Depositions

Summary

If a party wants to record a person’s oral testimony (take a deposition), they must give the other side a written notice at least two days before the date. The notice must say the time and place and give the name and address of each person to be questioned. When the deposition is filed with the Clerk, a copy of that notice and proof that it was served must be attached. The parties can also agree in writing to take a deposition without notice; that written agreement must be filed with the deposition. They may instead agree to file a witness’s testimony as an affidavit or state what the witness would have said. Those affidavits or written agreements must be filed within the time limits set in section 386.