What is the procedure for scheduling and preparing for a deposition in a California personal injury case?

The procedure for a deposition involves formally notifying all parties of the scheduled date, time, and location, and then thoroughly preparing the witness to provide testimony. Here's how to schedule and prepare for a deposition in a California personal injury case: Step 1: Select a Date and Location Your attorney will coordinate with opposing counsel to find a mutually agreeable date and time. Depositions typically take place at the office of the attorney who requested it. Under California law, if you are a party in the lawsuit, your deposition must generally be held within 75 miles of your residence or within 150 miles if it is in the county where the lawsuit was filed. Step 2: Prepare and Serve a Deposition Notice Your attorney will draft a formal "Notice of Deposition." This legal document lists the name of the person being deposed (the deponent), the date, time, and location of the deposition. It also states whether the deposition will be recorded by video. This notice must be formally served on all parties in the case at least 10 days before the deposition if served in person, with more time required if served by mail. Step 3: Arrange for a Court Reporter The attorney who notices the deposition is responsible for hiring a certified court reporter. The court reporter attends the deposition to create an official word-for-word transcript of all questions and answers given under oath. Step 4: Prepare with Your Attorney This is the most critical step if you are the one being deposed. You will meet with your attorney to review the facts of your case, discuss potential questions from the opposing lawyer, and practice how to give clear, truthful, and concise answers. You should only answer the question asked and never guess or volunteer extra information. Important considerations: If the person being deposed is not a party to the lawsuit (a third-party witness), they must be served with a "Deposition Subpoena." If the opposing side wants you to bring documents to the deposition, the notice must include a specific list of the documents you are required to produce. Note: Deposition testimony is given under oath and has the same legal weight as testimony in a courtroom. Failing to appear for a properly noticed deposition can result in court-ordered sanctions, including paying the other party's attorney's fees. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney to protect your rights.