Compel attendance at California deposition

How to compel attendance at a California deposition is the topic of this blog post.  The motion to compel may also request an order to compel the production of any documents that were requested in the deposition notice.  This blog post will discuss the motion to compel attendance at deposition and produce documents that is only to be used when the party to be deposed did not attend the deposition despite being served with a valid notice of deposition.

Code of Civil Procedure section 2025.450 authorizes a motion to compel attendance at deposition and produce documents in California. The motion to compel must be accompanied by a meet and confer declaration under Code of Civil Procedure section 2016.040 and must also show specific facts showing good cause for the production of any documents specified in the deposition notice.

In general, California allows every party to an action the right to take depositions as a matter of right. 

The award of sanctions is authorized by Code of Civil Procedure section 2025.450(g)(1) which states that, “If a motion under subdivision (a) is granted, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) in favor of the party who noticed the deposition and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”

Parties considering filing a motion to compel attendance at deposition should endeavor to make reasonable efforts to meet and confer prior to filing the motion as some Judges will take the extent of the meet and confer efforts into account when determining the amount of sanctions to be awarded, if any.

Attorneys or parties in California who would like to view a portion of a sample 13 page motion to compel attendance at deposition and production of documents containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail sold by the author can use the link shown below.

http://www.scribd.com/doc/215450293/Sample-Motion-to-Compel-Attendance-at-Deposition-for-California

 

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 255 sample legal documents for California and Federal litigation. If you are in need of assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

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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.