Deposition Notice
(Individual Deponent) (OK)

Summary

This template is a notice of the taking of an oral deposition in a civil action in Oklahoma district court. This template is for use in giving notice of the deposition of an individual deponent to the other parties to the action. This template includes practical guidance, drafting notes, and alternate clauses. For a notice of deposition template for use when the party deponent is a corporation or other organization, rather than an individual, see Deposition Notice (Organizational Representative) (OK). The notice of deposition must state both of the following: • The time and place for taking the deposition • The name and address of each person to be examined, if known, or, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs Okla. Stat. tit. 12, § 3230(C)(1). If you intend to record the deposition by non-stenographic means (e.g., video recording) in addition to a stenographic recording, you should so indicate in the notice of deposition. See Okla. Stat. tit. 12, § 3230(C)(3)(d). Note, however, that if you intend to record the deposition by non-stenographic means only, you will need to obtain a written stipulation by the other parties or an order of the court first. See Okla. Stat. tit. 12, § 3230(C)(3)(a). For more on video or audio recorded depositions, see Depositions: Preparing for and Taking a Deposition (OK). Also note that if you intend to conduct the deposition by "telephone or other remote electronic means" (e.g., video conferencing), you must also first obtain a written stipulation of the parties or court order. See Okla. Stat. tit. 12, § 3230(C)(6). Although not expressly required by statute, it is recommended that the notice of deposition indicate if the deposition will be conducted remotely. For more information on remote depositions, see Depositions: Taking and Defending a Remote Deposition Checklist (OK). The notice of deposition should be served on every other party to the action. Okla. Stat. tit. 12, § 3230(C)(1); see Okla. Stat. tit. 12, § 2005(A). The notice should be served on the party's attorney (or the party if not represented) in the usual manner for service of papers. See Okla. Stat. tit. 12, § 2005(B). For information on procedures for service, see Filing and Serving Documents Other Than Original Petition and Summons Checklist (OK). Although not expressly stated in the statute, the Oklahoma Supreme Court has recognized the commonly understood rule that serving a notice of deposition on a party's counsel is sufficient to compel the following to attend and testify: • An individual party deponent –or– • An officer, director, managing agent, or other individual authorized to speak on behalf of a corporate or other organizational party Crest Infiniti II, LP v. Swinton, 174 P.3d 996, 1000–01 (Okla. 2007). A notice of deposition to a party deponent may be accompanied by a request for the production of documents and tangible things at the taking of the deposition. The procedure under Okla. Stat. tit. 12, § 3234 applies to the request. Okla. Stat. tit. 12, § 3230(C)(4). For discussion of requests for production, see Document Requests: Drafting and Serving RFPs (OK). If the person to be deposed is a nonparty (or an individual other than an officer, director, or managing agent of a corporate party), you generally must also serve a subpoena on the deponent to secure his or her attendance at the deposition. See Okla. Stat. tit. 12, §§ 2004.1, 3230(A)(1), 3231(A); Crest Infinit II, LP, 174 P.3d at 1000–01. If a subpoena duces tecum is to be served on the nonparty deponent, the designation of the materials to be produced, as set forth in the subpoena, must be attached to or included in the notice of deposition. Okla. Stat. tit. 12, § 3230(C)(1). For more information on discovery subpoenas, see Drafting and Issuing Discovery Subpoenas (OK). For further discussion of notices of deposition, see Depositions: Drafting and Serving a Notice of Deposition (OK).