The deponent testifies under oath, subject to examination by all parties. Party deponents are compelled by notice while non-parties require a subpoena.
Organizational deponents testify through designated representatives.
Alternative Names:
Witness (Deposition), Person Deposed
Why it Matters?
The distinction between party and non-party deponents determines the compulsion mechanism and the practical leverage, since a non-party has no stake in the outcome and can move to quash on burden grounds a party could not. Non-party depositions also carry geographic limits that party depositions do not, which affects scheduling and cost in multi-state matters.
Frequently Confused with
Related terms
Frequently asked questions
How do party and non-party depositions differ?
Can a non-party resist more effectively?
