After paying his lawyer, a court reporter and for the transcript... a deposition might be overkill. His lawyer could talk with Heath over the phone, write something up and make sure Heath agrees and it's ready to submit as evidnece.

I'm no lawyer, but I have had a few legal dealings here and there.

2005 Ford F150 SuperCab FX4 1964 Chevrolet Impala SS 1998 CSVT: 354HP/328TQ @ 10 psi, now gone