Deposition notice for individual in California

A deposition notice for an individual in California is the topic of this blog post.  The statutes that govern deposition notices in the State of California are found in Code of Civil Procedure sections 2025.010 through 2025.620.

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

 

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 235 sample legal documents. Visit his website at LegalDocsPro website and his Facebook page at Facebook page

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.

Objecting to a defective deposition notice in California

Objecting to a defective deposition notice in the State of California is the topic of this blog post. There are very specific requirements in California regarding the contents and service of a deposition notice. As a result, any party who has been served with a notice of deposition should carefully review it to determine if it does in fact meet California requirements for a deposition notice.

Any review should be done as soon as a notice of deposition is received as the law in California states that, unless a party promptly objects to any defects in the contents and service of a deposition notice, they have waived any right to object unless they serve an objection at least three (3) calendar days before the date of the deposition on the party that served the deposition notice, as well as all other parties who have appeared in the litigation.

The relevant code section in California for objections to deposition notices is Code of Civil Procedure § 2025.410 which states that,

" (a) Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless that party promptly serves a written objection specifying that error or irregularity at least three calendar days prior to the date for which the deposition is scheduled, on the party seeking to take the deposition and any other attorney or party on whom the deposition notice was served.

(b) If an objection is made three calendar days before the deposition date, the objecting party shall make personal service of that objection pursuant to Section 1011 on the party who gave notice of the deposition. Any deposition taken after the service of a written objection shall not be used against the objecting party under Section 2025.620 if the party did not attend the deposition and if the court determines that the objection was a valid one.

(c) In addition to serving this written objection, a party may also move for an order staying the taking of the deposition and quashing the deposition notice. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. The taking of the deposition is stayed pending the determination of this motion.

(d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to quash a deposition notice, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. "

Attorneys or parties in the State of California who would like to view a portion of a sample objection to a California deposition notice sold by the author can use the link shown below.

Sample objection to California Deposition Notice

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 300 sample legal documents.

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.

Visit his website at LegalDocsPro website and his Facebook page at Facebook page

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.