A deposition is an important discovery tool that is often used in litigation matters to obtain important information about the other party and prepare for trial. In cases involving parties in both New York and New Jersey, a seasoned litigator must have a basic understanding of the differences in the deposition rules between the two jurisdictions. While the deposition process is essentially the same, each jurisdiction has many procedural nuances with which to be familiar.

Here are several differences between the New York and New Jersey deposition rules:

1.     Deposition Notice Requirements

A deposition of a party is typically requested by serving a notice in writing upon them. Under the New York Rules of Civil Procedure, the party must be given twenty (20) days’ notice, unless the court orders otherwise. In New Jersey, a notice of deposition must be served with ten (10) days’ notice in writing on the party to be examined. In both jurisdictions, the notice must have specific information, including:

• The time and place for taking the deposition
• The name of each person to be deposed
• The address of each person to be deposed 
• A general description to identify the particular group to which they belong 

The deposition notice need not outline the issues that will be examined for an individual’s deposition. For a corporate representative’s deposition, the topics expected to be discussed by the corporate represented must be detailed in the notice.  The documents to be produced at deposition may be specified in the notice.  

2.      Duration of the Deposition

Certain procedural rules specify the duration a deposition may last. Under the New York rules, unless the parties stipulate otherwise, depositions are limited to seven (7) hours per deponent and the number of depositions in total are limited to ten (10) depositions, absent a court order. While New Jersey does not specify a time limit in its deposition rules, an examination could go on for days.

3.      Where the Deposition is Held

Generally, depositions are held at an attorney’s office or the office of a court reporter. In New York, the location of a deposition is typically within the county where the case is pending or another location agreed upon between the parties. 

While a deposition also usually takes place where the case is pending in New Jersey, a nonresident subpoenaed within the state may be required only to go to a deposition in the county where they were served, at a place within the state no more than forty (40) miles from the place of service. Otherwise, the location may be another convenient place designated in a court order.     

4.      Objections and Motions During Depositions

Objections made during depositions are typically limited to the form of the question and privilege in New York. This challenges how the question is posed. Substantive objections based on violations of the rules of evidence can also be made for trial preservation purposes. While New Jersey limits deposition objections to the form of the question too, the use of motions — such as motions to terminate or limit a deposition — are more common if the deposition exceeds the permissible scope.   

Contact an Experienced Business Attorney

If you are involved in a business dispute, it’s vital to have experienced counsel by your side who will know how to conduct effective depositions and secure the evidence that will help ensure you prevail in your case. Offering aggressive advocacy and trusted legal services, Brinen & Associates advises business clients regarding a wide variety of commercial matters. Call (212) 330-8151 or send us a message to learn more about how we can assist you.