What Is A Deposition Letter (Sample Letter)

What Is A Deposition Letter (Sample Template)

What is a deposition letter?

What is the purpose of a letter of deposition? 

Where can you find a deposition letter sample?

In this article, we will go over the deposition letter in detail so you know all there is to know about it.

Are you ready?

Let’s get started!

What is a deposition letter

A deposition letter is a notice given to a person who is requested for a deposition in the context of a lawsuit.

Typically, a lawyer representing a party will receive a deposition notice where the opposing party notifies their intention to depose the party in question.

The lawyer will then send a deposition letter to his or her client advising that notice for deposition has been received for the client.

What is the purpose of a deposition letter

The purpose of the deposition letter is for a lawyer to inform his or her client that the client is requested for the deposition.

However, the purpose of the deposition letter can go beyond a lawyer’s duty of information towards the client.

In many cases, clients may lose their lawsuit and blame their lawyers for it.

Clients can argue that they were not informed of the importance of the deposition, they did not prepare accordingly or properly understand the litigation process due to the lawyer’s fault.

The deposition letter will serve as the lawyer’s evidence that the client was duly informed, was given an explanation as to what the deposition meant and possible consequences and so on.

Content of the deposition letter

A deposition letter should contain a few key elements.

A lawyer sending a deposition letter to his or her client will generally state the following:

  1. Advise that a notice of deposition has been received
  2. Advise as to date, time and place where deposition is intended to take place
  3. Advise that they should meet and prepare for the deposition
  4. Advise that it’s very important to show up for the deposition
  5. Advise the client of the consequences if he or she fails to attend the deposition

The letter is a confidential communication between an attorney and the client.

As a result, it’s good to indicate that the information contained in the letter is privileged to ensure that any information exchanged with the client remains protected at all times.

How to write a deposition letter 

Writing a deposition letter is fairly straightforward.

A deposition letter does not follow a specific format and can be drafted in a personalized fashion.

A lawyer looking to write a deposition letter must convey all the relevant information a client will need to understand what’s going on, what’s a deposition, what to do, how to prepare and so on.

The lawyer has a duty to inform his or her client of the advancement of the case allowing the client to make informed and sound decisions.

The failure to show up at a deposition can adversely affect a client’s case.

It’s a good idea to inform the client as to the potential risks and consequences of failing to show up for a deposition.

The letter should be written in simple terms so your client can understand.

When writing the letter, it would be a good idea to immediately start making arrangements for preparing the client for the deposition.

Sample deposition letter

A deposition letter should be short and sweet.

It should convey a clear message to the client that he or she is requested for a deposition.

We have prepared this sample deposition letter so you can use it to write your own.

Takeaways

A deposition letter is a notice given to a person who is requested for a deposition in the context of a lawsuit.

A lawyer sending a deposition letter to his or her client will generally state the following:

  1. Advise that a notice of deposition has been received
  2. Advise as to date, time and place where deposition is intended to take place
  3. Advise that they should meet and prepare for the deposition
  4. Advise that it’s very important to show up for the deposition
  5. Advise the client of the consequences if he or she fails to attend the deposition

The letter is a confidential communication between an attorney and the client.

It’s a good idea to inform the client as to the potential risks and consequences of failing to show up for a deposition.

The letter should be written in simple terms so your client can understand.

Download sample deposition letter

Useful articles

> What is a deposition

> Preparing for a deposition 

> Deposition transcripts