Notice of deposition for California

Serving a notice of deposition in California litigation 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 §§ 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 the particulars as to what must be included in the deposition notice.

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)

The deposition of an organization that is 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 organization’s principal executive or business office in California, or within the county where the action is pending and within 150 miles of that office. See Code of Civil Procedure § 2025.250(b).

Unless the organization consents to a more distant place, the deposition of any other organization shall be taken within 75 miles of the organization’s principal executive or business office in California, see Code of Civil Procedure § 2025.250(c), or If an organization has not designated a principal executive or business office in California, the deposition shall be taken at a place that is, at the option of the party giving notice of the deposition, either within the county where the action is pending, or within 75 miles of any executive or business office in California of the organization, see Code of Civil Procedure § 2025.250(d).

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.  See Code of Civil Procedure Section 2025.270. 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 see below.

Attorneys or parties in California who wish to view a portion of a deposition notice with request for production of documents for a corporation, llc, or other fictitious entity can see below.

The author of this article, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.   If you are in need of assistance with any California 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.

Subscribe to his weekly newsletter with legal tips and tricks for California and Federal litigation. http://www.legaldocspro.net/newsletter.htm

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2 thoughts on “Notice of deposition for California

  1. Robin Plueger

    My name is Robin. Thank you for this information. I spoke with three law offices and never got the answer to my question. I found it here.

    Thanks again,

    Robin

    Reply

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