Deposition Scheduling Letter

[LAW FIRM NAME]
[Firm Address]
[City, State ZIP]
[Phone] | [Email]
[Website]

Date: [__/__/____]

VIA: ☐ First Class Mail ☐ Email ☐ Certified Mail ☐ Hand Delivery

PRIVILEGED AND CONFIDENTIAL - ATTORNEY-CLIENT COMMUNICATION

[Client Name]
[Client Address]
[City, State ZIP]
[Client Email]
[Client Phone]

Re: Notice of Scheduled Deposition
Client Matter: [________________________________]
Our File No.: [____________________]
Case No.: [____________________]

Dear [Mr./Ms./Mx. Client Last Name]:

I am writing to inform you that a deposition has been scheduled in your case. A deposition is a formal proceeding in which you will be asked questions under oath by the opposing party's attorney. This letter explains what to expect and how to prepare.

Deposition Details

Your Deposition

☐ You are the deponent (the person being deposed).

Witness Deposition You Should Attend

☐ A witness deposition is scheduled that you should attend.

What Is a Deposition?

A deposition is sworn testimony given outside of court, typically in a conference room at a law office. Here is what you should know:

Key Features:
- You will be placed under oath to tell the truth
- A court reporter will record everything said
- The opposing attorney will ask you questions
- I will be present to represent you and may object to certain questions
- The transcript can be used at trial

The deposition is NOT:
- A trial (there is no judge or jury present)
- An informal conversation (your answers are under oath)
- An opportunity to argue your case

Preparation Meeting

A preparation session is essential. Please schedule this meeting with our office.

Preparation Meeting:
| | Details |
|---|---------|
| Date | [__/__/____] |
| Time | [____] ☐ AM ☐ PM |
| Location | ☐ Our Office ☐ Video Conference ☐ Phone |
| Duration | Approximately [____] hours |

To schedule or confirm: Call [____________________] or email [____________________]

During this meeting, we will:
☐ Review likely questions and topics
☐ Practice answering questions
☐ Discuss documents you may be shown
☐ Review deposition guidelines and your rights
☐ Address any concerns you have

Documents to Bring

To Preparation Meeting:
☐ Any documents in your possession related to the case
☐ Notes or timeline you have prepared
☐ List of questions or concerns

To the Deposition:
☐ Valid government-issued photo ID
☐ Any documents I specifically instruct you to bring
☐ This letter (for reference)

Do NOT bring any documents to the deposition unless I specifically instruct you to do so. Documents you bring may be requested by the opposing attorney.

Deposition Guidelines

The Golden Rules

1. Listen carefully to each question before answering
2. Pause before answering to allow time for objections
3. Answer only the question asked - do not volunteer information
4. Keep answers short - "yes," "no," or brief explanations
5. Tell the truth - you are under oath
6. Say "I don't know" if you genuinely don't know
7. Say "I don't remember" if you genuinely don't remember
8. Ask for clarification if you don't understand a question
9. Do not guess - estimating is different from guessing
10. Stay calm and polite throughout

What to Avoid

☐ Do NOT argue with the opposing attorney
☐ Do NOT volunteer information beyond what is asked
☐ Do NOT guess or speculate
☐ Do NOT get angry or emotional
☐ Do NOT joke around - everything is on the record
☐ Do NOT discuss the case during breaks with anyone except me
☐ Do NOT bring or review documents without my guidance

Your Rights During Deposition

☐ You may request breaks (though not to avoid answering a pending question)
☐ You may ask for a question to be repeated or clarified
☐ You may consult with me before answering if there is a legal issue
☐ You may refuse to answer if I instruct you to (rare circumstances)

Day of Deposition

Practical Matters

Dress: Professional business attire (as if appearing in court)

Arrival: Please arrive [____] minutes early

Parking: [________________________________]

Meeting Point: We will meet in the lobby at [____] ☐ AM ☐ PM

What Will Happen

1. Arrival and Setup (15-30 minutes)
   - Sign in, get settled
   - Court reporter sets up

2. Swearing In
   - Court reporter administers oath

3. Questioning by Opposing Counsel (majority of time)
   - Attorney asks questions
   - You answer under oath
   - I may object for the record but you usually must still answer

4. My Questions (if needed)
   - I may ask clarifying questions

5. Conclusion
   - Discussion of transcript review options

Breaks

• We will take breaks as needed
• Lunch break if deposition continues past midday
• You may request a break at any time (but answer pending questions first)

After the Deposition

Transcript Review:
☐ You will have the option to review and correct the transcript
☐ The review period is typically [____] days
☐ Only clear errors may be corrected (not substantive changes)
☐ We will discuss whether review is advisable in your case

Follow-Up:
- I will contact you to discuss how the deposition went
- We will discuss any issues that arose
- I will provide updates on next steps in the case

Important Reminders

Before the Deposition:
☐ Do NOT discuss your testimony with anyone except me
☐ Do NOT review documents unless I instruct you to
☐ Do NOT post about the case on social media
☐ Get plenty of rest the night before
☐ Eat a good breakfast/meal beforehand

If Asked About Preparation:
You may be asked if you met with your attorney to prepare. This is normal and expected. Simply answer truthfully that you met with me to prepare for the deposition.

Contact Information

If you have ANY questions before the deposition, contact me immediately:

Phone: [____________________]
Cell/Emergency: [____________________]
Email: [____________________]

If you cannot attend the deposition as scheduled, notify me IMMEDIATELY. Failing to appear at a properly noticed deposition can have serious consequences.

Sincerely,

[________________________________]
[Attorney Name]
[Bar Number]
[Title]

Client Acknowledgment

I have received this Deposition Scheduling Letter and understand:

☐ The date, time, and location of the deposition
☐ That I must attend the preparation meeting
☐ The deposition guidelines and my rights
☐ To contact my attorney immediately with any conflicts or concerns

Client Signature: [________________________________]

Date: [__/__/____]

Preparation Meeting Confirmed for: [__/__/____] at [____]

Enclosures:
☐ Notice of Deposition
☐ Deposition preparation checklist
☐ Map/directions to deposition location
☐ Other: [________________________________]

This communication is protected by attorney-client privilege. If you have received this in error, please notify us immediately and destroy all copies.

Sources and References

• ABA Model Rule 1.4: Communications
• Federal Rules of Civil Procedure Rule 30: Depositions by Oral Examination