Depositions: Defending a Deposition (NY)

Summary

This practice note prepares you to defend a deposition of a party witness in civil litigation in New York by reviewing both procedural steps and practical tips. Procedurally, this note reviews the basic rules governing depositions found in New York’s Civil Practice Law and Rules (C.P.L.R.) Article 31 and New York Codes, Rules, and Regulations (NYCRR) Part 221, including those regarding the deposition notice and what form it should take; governing objections and other deposition behavior; and outlining post-deposition practices, such as signing and preparing errata sheets. Practically, this note reviews the elements of defending a deposition that are not contained in formal rules and regulations, such as how to prepare yourself, how to prepare your client, and how to act and react in the deposition itself.