The EBT Process: Start to Finish
1 Pre-Deposition Review
We read the BP, the police and accident reports, the medical records, and any prior transcripts before the date, so the examination starts from the file and not from the caption.
2 Client Preparation (On Request)
If your firm wants us to prep the witness, we arrange a session in advance around your client's schedule and walk them through the format, the questions to expect, and how to answer clearly. We do this only when you ask.
3 Active Advocacy
Your covering attorney takes detailed notes, preserves form objections on the record under 22 NYCRR Part 221, and calls a break when the testimony warrants one.
Specialized Venue Coverage
- Kings County (Brooklyn): CCP discovery timelines, signed stipulations, courtroom familiarity
- New York County (Manhattan): Commercial Division, Room 130 procedures, high-volume courts
- Virtual/Hybrid: Zoom and Teams depositions statewide with technical troubleshooting
- Nassau, Suffolk, Westchester, and Orange: In-person coverage at Nassau County (Mineola), Suffolk County (Riverhead), and Orange County (Goshen) courthouses
Post-EBT Reporting (By End of Business Day)
- Summary of testimony: key admissions, problematic testimony
- Witness assessment: jury appearance evaluation, credibility notes
- Exhibits: scanned and marked documents
- Next steps recommendations for case strategy
Why Firms Partner With Us
28 Years of Experience
Decades of deposition work across New York's courts and venues. You get seasoned per diem advocacy, not an associate learning on the job.
One Attorney, Start to Finish
The attorney who reviews the file is the attorney who appears and the attorney who writes the report. Nothing is lost in a handoff between a prep clerk and a stand-in.
Ethics and Professionalism
Your firm's reputation travels with every appearance we make, and we treat it that way. We are discreet with your client, courteous with opposing counsel, and prepared before we walk in.
Pricing
EBTs and 50-h hearings are billed as flat, per diem engagements. Virtual depositions via Zoom or Teams are covered statewide at the same rates.
| Service | Flat Rate |
|---|---|
| EBT / Deposition (half-day, up to 3 hours) | $550 |
| 50-h Hearing | $550 |
| Full-Day Deposition / EBT | $800 |
| Interpreter surcharge | +$100 |
Rates are confirmed when you submit your request. The end-of-day report is included at no additional charge.
50-h Hearing Coverage
When your client has a claim against the City of New York or another municipality, General Municipal Law § 50-h gives the public entity the right to examine the claimant under oath before suit. A 50-h hearing carries the same stakes as an EBT: the transcript is binding testimony that defense counsel will use at the deposition and at trial.
We cover 50-h hearings on the same terms as EBTs, including the file review, the advocacy on the record, and the end-of-day report described above. The one difference is the source material: we read the notice of claim rather than the BP. An interpreter surcharge applies when an interpreter is required.
Post-EBT Demands and Follow-Up Discovery
Testimony almost always opens new discovery. When a witness references documents, treatment, or records that were not previously produced, the covering attorney flags them so your firm can serve post-EBT demands promptly, while the testimony is still fresh.
The report flags every item worth pursuing: outstanding authorizations, documents identified on the record, and testimony that supports a further demand or a motion to compel. You leave the EBT with a list of next steps, not just a transcript.
Frequently Asked Questions
What is the difference between an EBT and a deposition?
In New York, the terms are interchangeable. EBT stands for Examination Before Trial, the formal name under the CPLR for what most jurisdictions call a deposition. Both refer to sworn, out-of-court testimony taken during the discovery phase of litigation.
Do you prepare the witness before the deposition?
Only when your firm asks us to. We arrange the session in advance around your client's schedule and walk the witness through the format, the questions to expect, and how to answer clearly. Firms that prefer to prepare their own clients tell us so, and we handle the examination only.
What geographic areas are covered, and do you handle virtual depositions?
We appear in person across all five boroughs (Manhattan, Brooklyn, Queens, Bronx, and Staten Island) and in Nassau, Suffolk, Westchester, and Orange counties. Virtual depositions on Zoom and Microsoft Teams are covered statewide on the same terms.
How much does per diem EBT deposition coverage cost in New York?
Half-day EBT and deposition coverage (up to three hours) and 50-h hearings are billed at a flat $550. Full-day depositions are $800. An interpreter surcharge of $100 applies when an interpreter is required.