What do you need for a non-party deposition?

• A. A subpoena and notice, and if you do not know the name you must provide a description sufficient to identify the person or class/group to which the person belongs.
• B. Just a subpoena
• C. Just a notice
• D. A court order

Answer: (A)

Nonparty depositions are driven by the subpoena power. To compel a nonparty to appear and testify, you must issue a subpoena that commands attendance (and can require documents) and you must serve proper notice of the deposition so all parties know about it. If you don’t know the exact name of the person to be deposed, you can describe the person or the class they belong to, so the process can identify the right witness. A court order is not normally required for a routine nonparty deposition; it’s used only when a subpoena is challenged or protective orders are involved. This is why the best approach is to use both a subpoena and notice, with a sufficient description if the name isn’t known.