A defendant may serve a deposition notice without leave of court at any time after that defendant has been served, or has appeared in the action, whichever occurs first. The plaintiff may serve a deposition notice without leave of court on any date that is 20 days after the service of the summons on, or appearance by, any defendant. On motion with or without notice, the court, for good cause shown, may grant to a plaintiff leave to serve a deposition notice on an earlier date. See Code of Civil Procedure § 2025.210.
Code of Civil Procedure 2025.220 states that a party that wants to take the oral deposition of another party must give notice in writing and the notice must contain certain required information.
Code of Civil Procedure § 2025.230 states that, "If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event, the deponent shall designate and produce at the deposition those of its officers, directors, managing agents, employees, or agents who are most qualified to testify on its behalf as to those matters to the extent of any information known or reasonably available to the deponent."
The party who prepares a notice of deposition shall give the notice to every other party who has appeared in the action. The deposition notice, or the accompanying proof of service, shall list all the parties or attorneys for parties on whom it is served. See Code of Civil Procedure § 2025.240(a).
The deposition of a natural person, whether or not a party to the action, shall be taken at a place that is, at the option of the party giving notice of the deposition, either within 75 miles of the deponent's residence, or within the county where the action is pending and within 150 miles of the deponent's residence. See Code of Civil Procedure § 2025.250(a)
If a party wants to take the deposition of a party who lives farther away than the limits specified in Code of Civil Procedure § 2025.250 they must file a motion with the Court under Code of Civil Procedure § 2025.260.
The notice of deposition must be served at least ten (10) days before the deposition unless the notice is served by mail in which case it must be served at least fifteen (15) days before the deposition. If production of consumer or employment records is being requested the notice must be served at least (20) days before the deposition unless the notice is served by mail in which case it must be served at least twenty five (25) days before the deposition. In unlawful detainers the notice must be served at least five (5) days before the deposition, ten (10) days if served by mail.
Attorneys or parties in California who wish to view a portion of a deposition notice with request for production of documents for a natural person can use the link shown below.
Sample deposition notice for individual in California
If you enjoy this blog post, tell others about it. They can subscribe to the author’s weekly California legal newsletter by visiting the following link: Subscribe to FREE weekly newsletter
Copyright 2013 Stan Burman. All rights reserved.
DISCLAIMER:
Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.
No comments:
Post a Comment