Depositions, as we discussed in the last post, can be taken of parties or non-parties. Any of the parties may attend the deposition of any witness whether or not they asked for the deposition. Typically, the one who noticed the deposition pays for it and has first “shot” at the witness although all the lawyers and parties in pro per have a chance to ask questions since a witness many only be deposed once under most circumstances.
The paralegal may be involved in all or some of these aspects of the preparation for the deposition:
- Send notices
- Serve Subpoenas on non-party witness
- Prepare Notice to Produce Documents
- Arrange location
- Schedule Court Reporter
- Prepare an outline of topics/questions for the deposition
- Copy and organize exhibits to be referred to
- Prepare client for Deposition
- Take notes at the deposition
- Summarize Deposition Transcript
One thing the paralegal in California cannot ethically do is take the deposition.