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R 3112.Errors in notice for taking depositions

Article 31. Disclosure · Last amended 1963 · Last verified July 21, 2026

In one sentenceCPLR 3112 requires any objection to errors or irregularities in a deposition notice to be served in writing at least three days before the deposition, or the objection is waived.

Full Text of CPLR 3112

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All errors and irregularities in the notice for taking a deposition are waived unless at least three days before the time for taking the deposition written objection is served upon the party giving the notice.

Plain-English Summary

This is a short, strict deadline rule. If a party thinks something is wrong with how a deposition notice was drafted or served — the wrong date, an unclear description of who will be examined, a defect in the timing of service — the fix is to object in writing at least three days before the deposition is scheduled to happen. Miss that window, and the objection is waived; the deposition goes forward and the party cannot later challenge it on the basis of that notice defect.

The rule exists to keep minor paperwork problems from derailing depositions at the last minute or, worse, becoming a basis to challenge testimony well after the fact. It pushes objections to the front of the process, when there is still time to fix a notice problem before everyone shows up, rather than letting a party sit on a known defect and raise it only if the testimony turns out to be unhelpful. It works alongside the more detailed waiver scheme in section 3115, which addresses objections arising during and after the examination itself rather than defects in the notice that preceded it.

Frequently Asked Questions

How do I object to a defective deposition notice in New York?

Serve a written objection on the party who gave the notice at least three days before the scheduled deposition. CPLR 3112 requires that timing or the objection is waived.

What happens if I don't object to a deposition notice error in time?

The objection is waived, and the deposition can proceed despite the defect in the notice.

Does CPLR 3112 cover objections made during the deposition itself?

No. It covers errors and irregularities in the notice for taking the deposition; objections arising during the examination are governed separately by CPLR 3115.

What notice problems does CPLR 3112 apply to?

Any error or irregularity in the deposition notice — for example, defects in the stated time, place, or the identification of the witness required under CPLR 3107 or 3109.

Can I object to a deposition notice verbally instead of in writing?

No. The statute specifically requires a written objection served on the noticing party within the three-day window.

Advisory Committee Notes

This rule is the same as rule 4:22-1 of the New Jersey rules. Cf. Fed RCP 32(c)(3). It is hoped that defects not affecting the substantial rights of parties will be waived by counsel.

Amendment History

Add, L 1962, ch 308, eff Sept 1, 1963.

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: objection to deposition notice New Yorkwaiver deposition notice defect New Yorkthree day objection deposition New York