AAERT Certified Electronic Reporter (CER) Practice Test

Who usually schedules a deposition of the plaintiff?

1. The judge

2. The defendant's attorney

3. The plaintiff's attorney

4. The clerk

The correct answer is: The defendant's attorney

The deposition of the plaintiff is typically scheduled by the defendant's attorney because the purpose of the deposition is often to gather testimony and evidence from the plaintiff that may be relevant to the defense's case. The defendant's attorney, who is looking to prepare for the trial and ascertain the plaintiff's claims and testimony firsthand, will take the initiative to schedule this deposition. While the plaintiff's attorney plays a significant role in the legal process and certainly coordinates with their client regarding the deposition, it is the responsibility of the defendant's attorney to formally schedule the deposition as part of the discovery phase in litigation. The judge is not usually involved in the scheduling of depositions unless there is a dispute that requires judicial intervention. Likewise, the clerk's role is typically administrative and does not extend to scheduling depositions directly. Therefore, the correct choice reflects the typical procedural dynamics of legal representation during a deposition.