Deposition Notice
(Organizational Representative) (NY)

Summary

This Deposition Notice (Organizational Representative) (NY) is a standard form that attorneys can use to notice a deposition upon oral examination of an entity for use in a New York state court litigation. To depose a nonparty, you must use a subpoena. This template includes practical guidance, drafting notes, alternate clauses, and optional clauses. N.Y. C.P.L.R. § 3101(a)(1) provides for depositions of corporations, governmental agencies, and other entities. You are not required to identify a specific representative deponent in your deposition notice. See N.Y. C.P.L.R. 3106(d); 22 NYCRR § 202.20-d; 22 NYCRR § 202.70(g) (Rule 11-f(c)–(d)). The corporation or entity designates to speak on its behalf a(n): • Officer • Director • Member • Agent –or– • Employee See N.Y. C.P.L.R. § 3101(a)(1). In cases pending in the New York Supreme Court, including cases assigned to the Commercial Division, if you name only the entity and identify the examination subjects, the entity must disclose to you at least 10 days before the deposition: • The name and title of the designated representative(s) who will testify about "information known or reasonably available to the entity" –and– • If more than one person is designated, the matters on which each representative will testify See 22 NYCRR § 202.20-d; 22 NYCRR § 202.70(g) (Rule 11-f(c)). The deposition notice does not need to specify the examination topics. See N.Y. C.P.L.R. 3107; 22 NYCRR § 202.20-d; 22 NYCRR § 202.70(g) (Rule 11-f(b)). If you do identify topics, you must describe them with reasonable particularity. See 22 NYCRR § 202.70(g) (Rule 11-f(b)). A defendant may notice a party's deposition within 20 days after the complaint is served. See N.Y. C.P.L.R. 3106(a). However, a plaintiff must seek leave of court to notice a party's deposition during this time period. You must provide the witness and all other parties at least 20 days' notice of the scheduled deposition date. See N.Y. C.P.L.R. 3107. The deponent must raise any defects in the deposition notice in writing at least three days before the scheduled deposition date. See N.Y. C.P.L.R. 3112. If the deponent fails to do so, he or she waives any later defect objections. For a full listing of key content covering fundamental civil litigation tasks throughout a New York court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (NY). For information on defending an entity deposition, see Depositions: Preparing for and Defending the Deposition of an Entity (NY). For more information on handling depositions generally, see Depositions: Preparing for and Taking a Deposition (NY), Depositions: Defending a Deposition (NY), and Depositions: Handling Unexpected Situations at a Deposition (NY). For related checklists, see Depositions: Defending a Deposition Checklist (NY) and Depositions: Taking a Deposition Checklist (NY). For more on issuing subpoenas, see Discovery Subpoenas: Drafting, Issuing, and Serving (NY).