A party desiring to take the deposition of any person upon oral examination shall give to each party twenty days’ notice, unless the court orders otherwise. The notice shall be in writing, stating the time and place for taking the deposition, the name and address of each person to be examined, if known, and, if any name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. The notice need not enumerate the matters upon which the person is to be examined. A party to be examined pursuant to notice served by another party may serve notice of at least ten days for the examination of any other party, his agent or employee, such examination to be noticed for and to follow at the same time and place.
R 3107.Notice of taking oral questions.
Article 31. Disclosure · Last amended 1984 · Last verified July 21, 2026
In one sentenceCPLR 3107 requires a party noticing an oral deposition to give every other party twenty days' written notice stating the time, place, and identity of each person to be examined, and lets an examined party cross-notice other parties on shorter notice for the same date.
Full Text of CPLR 3107
Plain-English Summary
The rule sets the paperwork baseline for oral depositions. A party who wants to depose someone on oral examination must give twenty days' written notice to every other party, unless the court shortens or lengthens that period. The notice has to state the time and place of the deposition and identify each person to be examined by name and address if known, or by a description specific enough to identify the person or the group they belong to if the exact identity is not yet known — useful when a party knows it needs, say, the custodian of a certain file but not that person's name.
Notably, the notice does not have to list the topics the deposition will cover; New York does not require a subject-matter outline the way some other jurisdictions do for certain depositions. The section also gives a party who has been noticed for examination a shortcut: instead of drafting an independent notice, that party can serve at least ten days' notice to depose any other party, agent, or employee, timed to piggyback on the same date and location already set. That keeps multi-party cases from spawning a separate round of scheduling for every side that wants to examine every other side.
Frequently Asked Questions
How much notice do I have to give before taking an oral deposition in New York?
Twenty days' written notice to each party, unless the court orders a different period. That is the default under CPLR 3107.
What information has to be in a deposition notice under CPLR 3107?
The time and place of the deposition and the name and address of each person to be examined, or, if the name is not known, a description specific enough to identify the person or the group they belong to.
Does a New York deposition notice have to list the topics that will be covered?
No. Section 3107 says the notice need not enumerate the matters the witness will be examined on.
Can I notice my own deposition of the other side once they've noticed mine?
Yes. A party served with a deposition notice can serve at least ten days' notice to examine any other party, agent, or employee, timed to follow at the same time and place already scheduled.
What happens if I don't give the required twenty days' notice for a New York deposition?
The notice is subject to challenge as defective, though objections to notice defects generally have to be raised promptly — see CPLR 3112's waiver rule for errors and irregularities in a deposition notice.
Advisory Committee Notes
The time specified and other details of this rule come from New Jersey rule 4:20-1. RCP 121 had a five-day notice provision while Rule 121-a had a ten-day provision. See 3 Md Ann Code 4859 et seq., Gen Rules Prac and Proc, Discovery Rule 5(a) (1951) (5 days); Nev R Civ P 30(a) (5 days); Pa Stat Ann tit 12, R Civ P 4003 (48 hours on depositions for use at trial). The application for a shorter period may be made ex parte.
The third sentence is based on the Federal practice. CPA § 290 provided for the contents of the notice. It included the books or documents which might be requested. See also RCP 30(a). RCP 121-a did not require details as to the matters upon which a person was to be examined in a personal injury or death action. This rule applies to all actions. The name of the officer before whom the examination is to be taken need not be given since, typically, he is any notary available to give the oath.
Amendment History
Add, L 1962, ch 308; amd, L 1962, ch 318, § 16; L 1964, ch 388, § 16; L 1984, ch 294, § 5, eff Sept 1, 1984.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: deposition notice requirements New Yorktwenty days notice deposition New Yorkcross notice deposition New Yorkhow to notice a deposition in New York