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Motion to compel attendance at deposition in California

A motion to compel attendance at a deposition in California 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.

The motion to compel attendance at deposition and produce documents in California is authorized by Code of Civil Procedure section 2025.450. Note that as with other motions to compel the motion 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.

The general rule in California is that every party to an action may take depositions as a matter of right. See Greyhound v. Superior Court (1961), 56 Cal.2d 355, 388; see also Kramer v. Superior Court (1965), 237 Cal.App.2d 753, 755; and Goodman v. Citizens Life & Cas. Ins. Co. (1967), 253 Cal.App.2d 807, 819.

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 be sure 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 motion to compel attendance at deposition and production of documents sold by the author can see below.

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http://legaldocspro.net/california-discovery-litigation-document-package/

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 for California and Federal litigation.

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Follow the author on Twitter at: https://twitter.com/LegalDocsPro

You can view sample legal document packages for sale by going to http://www.legaldocspro.com/downloads.aspx

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.

 

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