Deposition Notice
(Individual Deponent) (WA)

Summary

This template may be used to notify the parties of intention to take the oral deposition of an individual deponent in a civil action in Washington superior court. This template includes practical guidance, drafting notes, and an optional paragraph. For a notice of deposition to be served on a deponent that is a corporation or other entity, requiring the entity to designate one or more persons to testify on its behalf, see Deposition Notice (Organizational Representative) (WA). The notice should be served on all other parties to the action and also on the individual deponent, unless the deponent is a party or a managing agent of a party. Wash. CR 30(b)(1). The notice should be served the parties' attorneys (or directly on any unrepresented party) at least five days (pursuant to Wash. CR 6) before the date of the deposition. See Wash. CR 5(a), (b), 30(b)(1). If the deposition will be video recorded, the notice should be served at least 20 days in advance of the deposition. See Wash. CR 30(b)(8)(A). If the individual deponent is a party or managing agent of a party, serving a notice of deposition on the party is sufficient to compel attendance at the deposition. If the deponent is an individual who is not a party or managing agent of a party, notice may be given by mail or by any means reasonably likely to provide actual notice to the deponent, and a subpoena under Wash. CR 45 should also be served on the deponent to compel attendance. Wash. CR 30(b)(1). For discussion of subpoenas, see Discovery Subpoenas: Drafting, Issuing, Serving, and Responding (WA). For a template subpoena, see Subpoena for Documents and/or Testimony (Discovery) (WA). A notice of deposition should not be filed with the court unless needed for a subsequent proceeding such as a discovery motion. See Wash. CR 5(i). A notice of deposition to a party may be accompanied by a request for production of documents pursuant to Wash. CR 34, if desired. See Wash. CR 30(b)(5). For an RFP template, Requests for Production of Documents (RFPs) (WA). If a document request is included, additional time should be allowed for compliance with the time limits for response under Wash. CR 34. Many attorneys prefer to serve document requests separately and well in advance of the deposition. If document production is requested from a non-party deponent, the subpoena should specify the items to be produced at the deposition. See Wash. CR 45(a)(1)(C), (3). For additional discussion of notices of deposition, see Depositions: Drafting and Serving a Notice of Deposition (WA).