Legal Question in Employment Law in California

It is true, in any form of litigation, that the person who takes the deposition of a witness must pay for the court reporter and, if requested, the videographer too. Court reporters are independent contractors hired by the person who uses their services.

If funds are limited, you must pick your depositions carefully. It may not be necessary to depose every witness who appears at the arbitration. If the witness is a friendly one, who can speak to you off the record, or is someone with limited information, you may not need to depose them and simply subpoena them for the arbitration.

Mr. Kirschbaum is entirely wrong, as are the attorneys for the company. You are under no obligation at all to take the deposition of witnesses before you call them on your behalf. Under many but not all circumstances, you must make your witnesses available for the OTHER side to take their depositions, but that is up to the other side and THEY pay for it. Not you. You only have to pay for a copy of the transcript if you order one (generally a good idea).

Any litigant / party wanting to depose a witness prior to trial gets to pay the court reporter. They are not cheap. However, calling a witness to a trial/arbitration hearing is not the same as a 'deposition', and you wouldn't have to pay the court reporter's fees at trial, unless you lose the case and are ordered to pay the other side's costs.

Unless your employment agreement provides for full discovery rights - which is uncommon but not heard of - no one can compel depositions in an arbitration proceeding - not even the arbitrator. And, as Mr. McCormick states, even if there are deposition rights, you are not required to take the deposition of the witnesses that you want to call. That would be an option - and an expense - for the opposing party.

Your attorney should be handling this aspect of the case for you, assuming that you have one. If you do not, you should get one, or get a better one.