Depositions are scheduled by the two attorney offices. Usually, the opposing attorney will reach out to our office and propose a set of dates that they are available. We will then contact you to find out what dates and times works best for your schedule, as well as our office’s schedule. Next, we will propose that date to make sure the court reporter, if we are the person taking the deposition, has that availability, or opposing counsel will do that as well to make sure that that date and time works for all the parties. Once, the deposition is set, the attorney taking the deposition files a notice with the court and serves it on the other party. So, if the plaintiff’s attorney is going to take the defendant’s deposition, he or she will file a Notice of Deposition. If the person being deposed is not a part of the lawsuit, then depending on their role in the case, one of the attorneys may facilitate that, or a subpoena may need to be served on that non-party, depending on the circumstances. Generally, if they’re closely related to a party, like a spouse, then a subpoena may not be needed. With a witness, you are probably going to need to get a subpoena.