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Document: Depositions: Drafting and Serving a Notice of Deposition …

Depositions: Drafting and Serving a

Notice of Deposition (CA)

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Current as of: 10/26/2020

by Jim Wagstaffe and The Wagstaffe Group

This practice note discusses the procedures for noticing a deposition in a civil
action in California superior court. It covers preliminary matters to consider prior
to serving a notice of deposition, the contents of notices of deposition on oral
examination and by written questions, time and place requirements, and service
of deposition notices.

For additional information on depositions, see Depositions: Preparing for and

Taking A Deposition (CA) and Depositions: Defending a Deposition (CA). For a
checklist on noticing a deposition in California, see Depositions: Noticing,
Preparing for, and Taking a Deposition Checklist (CA). For deposition notice forms,
see Deposition Notice (Individual Deponent) (CA) and Deposition Notice
(Organizational Representative) (CA).

For discussion of the use of subpoenas to compel the attendance of a nonparty

deponent, see Discovery Subpoenas: Issuing, Drafting, Serving, and Enforcing
(CA).

 
 Video: Discovery in CA: Setting Up Depositions

Video Transcript

Discovery in CA: Setting Up Depositions

James M. Wagstaffe:

You can obtain discovery in California through written methods of

discovery, such as interrogatories or requests for production. You can
obtain information about someone's mental or physical condition by
ki th t t i di B t t f th h lifti i

Preliminary Considerations

A deposition is a formal discovery proceeding in which a party or witness answers

questions under oath, usually before a court reporter who stenographically
records the questions and answers. See Cal. Code Civ. Proc. §§ 2025.010 et seq.,
2028.010 et seq. Depositions are usually conducted on oral examination, meaning
the attorney can ask a party or witness live questions under oath. See Cal. Code
Civ. Proc. §§ 2025.010, 2025.330. The Code of Civil Procedure also permits
depositions by written questions, in which the parties submit questions in advance
that are read to the deponent by the officer taking the deposition, without the
presence of attorneys, a much less frequently used procedure. See Cal. Code Civ.
Proc. §§ 2028.010, 2028.080.
Whether conducting a deposition on oral examination or written questions, you
must first serve a document called a notice of deposition on the party or person to
be deposed, as further discussed below. See Cal. Code Civ. Proc. §§ 2025.210–
2025.290, 2028.020. Service of a deposition notice is effective, without the need
for a subpoena, to require any party or party-affiliated deponent to:

• Attend and testify

• Produce any document, electronically stored information (ESI), or tangible thing

for inspection and copying

Cal. Code Civ. Proc. § 2025.280(a).

A party or party-affiliated deponent is one who is:

• A party to the action

• An officer, director, or managing agent of a party –or–

• An employee of a party

Cal. Code Civ. Proc. § 2025.280(a). For purposes of discovery statutes, a managing
agent is "a person who may exercise his judgment and discretion in dealing with
corporate matters, who can be expected to comply with [the party's] directive to
appear for [the requested examination], and who can be anticipated to identify
himself with the interests of the corporation." Waters v. Superior Court, 58 Cal.2d
885, 896 (1962).

Note that in order to require attendance by a deposition notice, the deponent's

affiliation with the party must be current at the time of the notice. See, e.g., Lopez
v. Watchtower Bible and Tract Society of New York, Inc., 246 Cal. App. 4th 566,
600 (2016).

If the person to be deposed is a nonparty (e.g., a former employee of a party), you

must serve a subpoena under Cal. Code Civ. Proc. § 2020.010 et seq. to secure the
person's attendance at the deposition. See Cal. Code Civ. Proc. § 2025.280. For a
discussion of discovery subpoenas, see Discovery Subpoenas: Issuing, Drafting,
Serving, and Enforcing (CA).

If the person to deposed was designated by a party as a witness expected to

testify as an expert at trial, certain special procedures apply. See Cal. Code Civ.
Proc. § 2034.410 et seq. For discussion, see Expert Witness Discovery (CA).

Before serving a notice of deposition, you should consider a number of

preliminary matters, as discussed below.
Determine Whom to Depose

Under the Code of Civil Procedure, you may generally depose any person,
including a party. Cal. Code Civ. Proc. §§ 2025.010, 2028.010. Generally, it is
advisable to depose the opposing party or, where the deposing party is an entity,
an appropriate officer, director, or managing agent. See Cal. Code Civ. Proc. §
2025.010.

However, because depositions are expensive and time consuming, you will not
want or need to depose every person who may have potentially relevant
information. For example, you may be able to obtain the information you need
from an unrepresented nonparty witness through an informal interview without
going to the expense of deposing him or her. Depositions are usually conducted to
preserve the testimony of a party who is expected to testify at trial in order to
limit the possibility that the person will later change his or her testimony, since
you can use the deposition testimony to impeach the witness if he or she gives
inconsistent testimony at trial. See Cal. Code Civ. Proc. § 2025.620(a). Depositions
may also be used to preserve the testimony of a person who may not be available
to testify at trial. See Cal. Code Civ. Proc. § 2025.620(c).

Before determining whom to depose, review the pleadings and issues in the case
and any information previously obtained through formal or informal discovery.
Determine which individuals potentially have critical testimony supporting your
client's case or undercutting the opposing party's case that should be preserved in
anticipation of trial or possible summary judgment motions.

Subsequent Depositions

Once a party has taken a deposition, including that of a party to the action, no
other party may take a subsequent deposition of that person unless any of the
following circumstances apply:

• The court, for good cause shown, grants leave to take the subsequent
deposition.

• The parties, with the consent of any deponent who is not a party, stipulate to
the subsequent deposition.

• The person was previously examined under either or both of the following
circumstances:

○ The person was examined as a result of his or her designation to testify

on behalf of an organization under Cal. Code Civ. Proc. § 2025.230.

○ The person was examined pursuant to a court order for the limited
purpose of discovering the identity, location, and value of property in which
 he or she has an interest (see Cal. Code Civ. Proc. § 485.230).

Cal. Code Civ. Proc. § 2025.610(a)–(c).

Limited Civil Cases

In California trial courts, civil cases are classified as limited or unlimited. See Cal.
Code Civ. Proc. §§ 85–88. In unlimited cases, there is no limit on the number of
depositions parties may take in an action. In limited cases, however, a party may
generally only take one oral or written deposition as to each adverse party. A
deposition of an organization is treated as a single deposition even if more than
one person is designated or required to testify. See Cal. Code Civ. Proc. § 94(b).
Limited cases involve certain types of disputes in which the amount in controversy
is $25,000 or less. See Cal. Code Civ. Proc. §§ 85, 86.

However, even in limited cases, additional depositions may be permitted if a party

moves to allow additional discovery or to withdraw the case from restrictions, and
the court grants the motion. The parties can also stipulate to additional discovery.
See Cal. Code Civ. Proc. §§ 91(c), 95.

For further discussion of the distinction between limited and unlimited cases, see
Case Management, Trial Setting, and Judge Assignment Procedures (CA).

Deposing Heads of Government Agencies and Heads of Organizations

The general rule in California is that agency heads and other top governmental
officials are not subject to deposition without compelling reasons. This rule
applies both when an official is summoned to testify as a third party and when
summoned to testify as a defendant. The only exception to this rule is when the
official "has direct personal factual information pertaining to material issues in the
action and the deposing party shows the information to be gained from the
deposition is not available through any other source." Westly v. Superior Court,
125 Cal. App. 4th 907, 910–11 (2004).

Similarly, if a high-level executive of an organization seeks a protective order to

avoid a deposition, the party seeking discovery must show good cause that the
official has personal knowledge of discoverable information that the party seeking
discovery cannot obtain by less intrusive discovery methods. Liberty Mut. Ins. Co.
v. Superior Court, 10 Cal. App. 4th 1282, 1289 (1992).

Deposing Opposing Counsel

When considering whom to depose, be aware that depositions of opposing

counsel are severely limited and only permitted on a showing of extremely good
cause and when all the following circumstances exist:
• There is no other means to obtain the information.

• The information sought is relevant and not privileged.

• The information is crucial to preparation of the case.

See Carehouse Convalescent Hospital v. Superior Court, 143 Cal. App. 4th 1558,
1562 (2006); Spectra-Physics, Inc. v. Superior Court, 198 Cal. App. 3d 1487, 1496
(1988).

When seeking to depose opposing counsel, you have the burden of demonstrating
that there is no other means to obtain the information you are seeking, and that
the information is crucial for preparing your case. The party opposing discovery
has the burden of demonstrating that the information is privileged. Carehouse,
143 Cal. App. 4th at 1563.

Determine Whether to Take Deposition on Oral Examination or by Written Questions

As noted above, most depositions are taken on oral examination rather than by
written questions. An oral deposition is nearly always preferable because, in
contrast to a deposition by written questions, it affords the opportunity to
observe the deponent's demeanor, to judge the deponent's potential strengths
and weaknesses as a trial witness, and to ask the deponent follow-up questions to
clarify the deponent's testimony or obtain additional information. But in limited
circumstances, a deposition by written questions may be appropriate, such as to
obtain the testimony of residents of foreign countries that do not permit oral
depositions or when only limited information is sought from the deponent.

Consider Manner of Recording Deposition

Traditionally, oral depositions have been recorded stenographically, resulting in a

written transcript of the deponent's testimony. In some cases, it may be useful to
also prepare an audio or video recording of the deposition, particularly if the
deponent's demeanor or appearance may be relevant or if the deponent is out of
state and may not be able to appear at trial. In those cases, you may want to
propose that the parties stipulate to an electronic recording of the deposition. See
Cal. Code Civ. Proc. § 2016.030.

Even without stipulation, a party may arrange for an audio or video recording of a
deposition if adequate notice to the other party is provided and certain other
requirements are met. See Cal. Code Civ. Proc. §§ 2025.330(c), 2025.340. If you
want to audio- or video-record a deposition you are taking, you must so indicate in
the notice of deposition or else obtain agreement of all the other parties. Cal.
Code Civ. Proc. § 2025.330(c).

Furthermore, any other party may, at that party's expense, make an audio or video
recording of a deposition noticed by another party, provided that the party gives
written notice of intention to do so to:

• The party or attorney who noticed the deposition

• All other parties or attorneys on whom the deposition notice was served under
Cal. Code Civ. Proc. § 2025.240 –and–

• Any deponent whose attendance is being compelled by a nonparty deposition

subpoena under Cal. Code Civ. Proc. § 2020.010 et seq.

Cal. Code Civ. Proc. § 2025.330(c). The notice must be served no less than three
calendar days before the scheduled date of the deposition. Cal. Code Civ. Proc. §
2025.330(c).

Preparing Notice of Deposition

A party seeking to take the oral deposition of any person must give written notice
to every party who has appeared in the action, subject to the timing requirements
discussed below in Time and Place of Deposition. See Cal. Code Civ. Proc. §§
2025.240(a), 2025.210, 2025.220(a).

The deposition notice must be in writing and include:

• Address. The deposition notice must include the address where the deposition
will be taken.

• Date and time. The deposition notice must include the date and time of the
deposition.

• Name, address, telephone number. The deposition notice must include the
name of each deponent, and the address and telephone number, if known, of any
deponent who is not a party to the action.

• Description of deponent if name unknown. If the name of the deponent is

unknown, the notice must include a general description sufficient to identify the
person or particular class to which the person belongs.

• Description of materials requested for production. The notice must include a

reasonably particular description of any materials or category of materials,
including ESI, the deponent must produce.

• Intention to record testimony. The notice must identify any intention to record
 the testimony by audio or video technology, in addition to stenographic means,
and any intention to record the testimony by stenographic method through the
instant visual display of the testimony (if the deposition will be conducted using
instant visual display, you must provide a copy of the deposition notice to the
deposition officer).

• Intention to use video recording of expert testimony at trial. The notice must
state any intention to reserve the right to use at trial a video recording of the
deposition testimony of a treating or consulting physician or an expert witness.

• Form of ESI. The notice must specify the form in which any ESI is to be
produced, if you desire a particular form.

• Statement disclosing contract with deposition officer. The notice must include
a statement disclosing the existence of any known contract between the
noticing party or a third party who is financing all or part of the action and either
of the following for any service beyond the notice of deposition:

○ The deposition officer

○ The entity providing the services of the deposition officer

• Statement that noticing party chose particular deposition officer or entity. he

notice must include a statement disclosing that the noticing party, or a third-
party financing all or part of the action, directed the attorney to use a particular
officer or entity to provide services for the deposition, if applicable.

• Description of matters on which examination is requested. A deposition notice

directed to an organization must designate with reasonable particularity the
matters on which the examination is requested. Cal. Code Civ. Proc. § 2025.230.

• Deposition questions. The deposition questions must accompany the notice.

Cal. Code Civ. Proc. § 2028.030(a).

Cal. Code Civ. Proc. § 2025.220(a).

The notice should also comply with the general format requirements for litigation
documents. See Formatting Rules in Court (CA).

If your client is seeking only the production of business records from a nonparty, a
copy of the deposition subpoena will serve as notice of deposition, and no
separate notice of deposition is required. Cal. Code Civ. Proc. § 2025.220(b). For
additional information on nonparty discovery, see Discovery Subpoenas: Issuing,
Drafting, Serving, and Enforcing (CA).

For forms of notice of oral deposition, see Deposition Notice (Individual

Deponent) (CA) and Deposition Notice (Organizational Representative) (CA).

Naming Organization as Deponent

In a deposition notice (or a subpoena directed to a nonparty deponent), a party

may name as the deponent a public or private corporation, partnership,
association, or governmental agency. See Cal. Code Civ. Proc. §§ 2025.230,
2025.280. A deposition notice directed to an organization must designate with
reasonable particularity the matters on which examination is requested. Cal. Code
Civ. Proc. § 2025.230.

Once the deponent has been served with this notice, it must then designate and
produce 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. Cal. Code Civ.
Proc. § 2025.230. Therefore, you may name an organization as the deponent
when you wish to obtain testimony concerning matters known by someone
connected with a public or private corporation, a partnership, an association, or a
governmental agency, but you do not know who the particular person is, or you
have no preference as to who testifies.

For a form of notice of deposition directed to an organization, see Deposition

Notice (Organizational Representative) (CA).

Notice of Deposition on Written Questions

A notice of a written deposition must contain the same information as a notice for
an oral deposition, as described above, except as follows:

• The notice must also include the name or descriptive title, as well as the
address, of the deposition officer. (The deposition officer will read the questions
to the deponent and record the deponent's testimony. See Cal. Code Civ. Proc. §
2028.080.)

• The notice need not include the date, time, and place of the deposition, which
may be left to the deposition officer to determine in the future.

Cal. Code Civ. Proc. § 2028.020. The deposition questions must accompany the
notice. Cal. Code Civ. Proc. § 2028.030(a).

You must also deliver to the deposition officer a copy of the notice and all direct,
cross, redirect, and recross questions that have been served. Cal. Code. Civ. Proc.
§ 2028.080. For details on the time and place requirements for written
depositions, see "Deposition on Written Questions," below.

Including Request for Production with Notice

A notice of oral deposition directed to a party deponent may be accompanied by a

request to produce any document, ESI, or tangible thing for inspection and
copying. See Cal. Code Civ. Proc. § 2025.280(a).

If the deposing party is seeking production of documents from a nonparty

deponent, you must serve the party with a deposition subpoena that includes a list
or description of the items to be produced. See Cal. Code Civ. Proc. § 2020.510(a).

For discussion of requests for production of documents, see Document Requests:

Drafting and Serving RFPs (CA). For discussion of subpoenas, see Discovery
Subpoenas: Issuing, Drafting, Serving, and Enforcing (CA).

Time and Place of Deposition

When noticing an oral deposition, you must include time and place, as noted
above. The Code of Civil Procedure provides several restrictions on the time and
place of a deposition with which you must comply, as described in detail below.

Timing

In a California civil action, parties must comply with the following timing
requirements when serving a notice of deposition:

• 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. See Cal. Code Civ. Proc. § 2025.210(a).

• A 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. See Cal. Code Civ. Proc. § 2025.210(b).

• In general, you must complete discovery on or before the 30th day prior to the
date initially set for trial, and the court must hear all motions regarding
discovery on or before the 15th day prior to the date initially set for trial. Cal.
Code Civ. Proc. § 2024.020(a). Timing may also be affected by case management
orders issued in the case, which usually include a deadline for completion of
discovery. See generally Case Management, Trial Setting, and Judge Assignment
Procedures (CA) and Discovery Planning and Strategy (CA).
Use of the term "any defendant" in Cal. Code Civ. Proc. § 2025.210(b) suggests
that service on or appearance by any one defendant is sufficient to start this 20-
day period, even if the plaintiff is noticing either a deposition of another defendant
who has not been served or who has not appeared, or a deposition of a nonparty.
See Cal. Code Civ. Proc. § 2025.210(b); see also Waters v. Superior Court, 58 Cal.
2d 885, 892 (1962) (decided under former Cal. Code Civ. Proc. § 2016).

The plaintiff may also move, with or without notice, for leave to serve a deposition
notice on an earlier date, and the court may grant such a motion for good cause.
Cal. Code Civ. Proc. § 2025.210(b). A court will not find good cause if the plaintiff's
purpose in taking the deposition is merely to initiate a "fishing expedition" to find
potential defendants. See, e.g., Pearlson v. Does 1 to 646, 76 Cal. App. 4th 1005,
1011–12 (1999).

Scheduling the Deposition

In addition to the above requirements regarding when you can serve the
deposition notice, there are also restrictions on when you can schedule the
deposition. Generally, you must schedule an oral deposition for a date at least 10
days after service of the deposition notice. Cal. Code Civ. Proc. § 2025.270(a).
However, if the party giving notice is the subpoenaing party, and the deponent is a
witness commanded to produce a consumer's personal records or an employee's
employment records, the deposition must be scheduled for at least 20 days after
issuance of that subpoena. Cal. Code Civ. Proc. § 2025.270(c). For a detailed
discussion on deposition subpoenas for nonparties, see Discovery Subpoenas:
Issuing, Drafting, Serving, and Enforcing (CA).

The minimum scheduling periods set out above are extended by:

• 2 court days if service is electronic

• 5 calendar days if the place of address and the place of mailing is within the
state of California

• 10 calendar days if either the place of mailing or the place of address is outside
the state of California but within the United States

• 20 calendar days if either the place of mailing or the place of address is outside
the United States

Cal. Code Civ. Proc. § 2016.050; Cal. Code Civ. Proc. § 1010.6(a)(4)(B), (e)
(authorizing electronic service on represented parties); Cal. Code Civ. Proc. §
1013(a).
On motion or ex parte application of any party or deponent, for good cause shown,
the court may shorten or extend the time for scheduling a deposition. Cal. Code
Civ. Proc. § 2025.270(d). Additionally, the parties may stipulate, in writing, to the
taking of the deposition at any time. Cal. Code Civ. Proc. § 2016.030.

Deposition on Written Questions

As noted, a notice of written deposition need not include the specific time of the
deposition, since the deposition officer will generally determine this. However, in
addition to the timing considerations discussed above, when noticing a written
deposition, you should also consider the time requirements for cross, redirect, and
recross questions. Specifically, the following time requirements apply:

• A non-noticing party must serve any cross questions within 30 days after the
deposition notice and questions are served.

• A party must serve any redirect questions within 15 days after the cross
questions are served.

• A party must serve any recross questions within 15 days after the redirect
questions are served.

Cal. Code Civ. Proc. § 2028.030(b)–(d). However, for good cause shown, the court
may extend or shorten the time periods for service of the cross, redirect, and
recross questions. Cal. Code Civ. Proc. § 2028.030(e).

Place of Deposition

As discussed, the notice of oral deposition must include the location at which the
deposition will take place, while the notice of written deposition does not need to
include it. The Code of Civil Procedure places limits on the location of a deposition
both for deponents who are natural persons (i.e., individuals) and deponents who
are organizations or entities. There are also some restrictions on taking a
deposition by telephone or video conference.

Natural Person

When the deponent is a natural person, whether or not a party to the action, his or
her deposition must take place at a location that is, at the option of the party
seeking discovery, within either:

• 75 miles of the deponent's residence –or–

• The forum county and within 150 miles of the deponent's residence
Cal. Code Civ. Proc. § 2025.250(a).

However, as the party seeking discovery, you may move for an order that the
deposition be taken at a more distant location if the deponent is a natural person
and party to the action. See Cal. Code Civ. Proc. § 2025.260(a).

Organization

When the deponent is an organization that is a party to the action, the deposition
must be taken at a place that is, at the option of the party seeking discovery, within
either:

• 75 miles of the organization's principal executive or business office in California

–or–

• The forum county and within 150 miles of that office

Cal. Code Civ. Proc. § 2025.250(b).

When the deponent is a nonparty organization, the deposition must be taken

within 75 miles of the organization's principal executive or business office in
California, unless the organization consents to a more distant place. Cal. Code Civ.
Proc. § 2025.250(c).

If a deponent organization has not designated a principal executive or business

office in California, the deposition must be taken at a place that is, at the option of
the party seeking discovery, either within:

• The forum county –or–

• 75 miles of any executive or business office of the organization in California

Cal. Code Civ. Proc. § 2025.250(d).

As is the case with a natural person who is a party to the action, you may move for
an order that the deposition be taken at a place that is more distant if the
deponent is an officer, director, managing agent, or employee of a party. See Cal.
Code Civ. Proc. § 2025.260(a).

Out-of-State Depositions

Any party may take an oral deposition in another U.S. state or territory. Generally,
the procedures are the same as for oral depositions that take place within
California. For a deposition of a party or officer, director, managing agent, or
employee of a party that takes place outside California but within the territory of
the United States, the deposition notice must specify a place in the state, territory,
or insular possession of the United States that is within 75 miles of the residence
or a business office of the deponent. See Cal. Code Civ. Proc. § 2026.010(a), (b).

A party may also take a deposition of another party or officer, director, managing
agent, or employee of a party in a foreign country, but the Code does not provide
any requirement regarding the location of such a deposition. See Cal. Code Civ.
Proc. § 2027.010.

For details on taking out-of-state depositions of nonparties, see Nonparty

Discovery: Out-of-State Witnesses (CA).

Taking a Deposition by Telephone, Videoconference, or Other Remote Electronic Means

The Code of Civil Procedure and Rules of Court permit you to take a deposition by
teleconference, videoconference, or "other remote electronic means," provided
that certain requirements are satisfied:

• You must serve notice of intention to take the deposition by telephone or video
conference with the notice of deposition or the deposition subpoena.

• You must make all arrangements for any other party to participate in the
deposition in an equivalent manner, although each party so appearing must pay
all expenses incurred by or properly allocated to that party.

• Any party may be personally present at the deposition without giving prior
notice.

Cal. Rules of Ct., Rule 3.1010(a); see Cal. Code Civ. Proc. § 2025.310(a), (c).

A deponent is not required to be physically present with the deposition officer

when being sworn at the time of the deposition. Rather, the deposition officer may
attend the deposition at a different location than the deponent, via remote means,
at the election of the deponent or the deposing party. (This makes permanent
Emergency Rule 11, issued by the California Supreme Court in the spring of 2020.
Prior to the COVID-19 pandemic, parties and counsel were permitted to appear
at others' depositions by telephone or other remote means, but the deponent's
ability to appear remotely was limited. Cal. Rules of Ct., Rule 3.1010.) A party or
attorney of record may likewise attend a deposition via remote means. Subject to
the deponent's or party's right to seek a protective order, any party or attorney
may, alternatively, be physically present with the deponent. Orders in particular
cases and the Rules of Court will implement these new rules. Cal. Code Civ. Proc. §
2025.310(a)–(c).

Serving Notice of Deposition

Once you have prepared the notice of deposition as discussed above, you must
serve it on all parties that have appeared in the action. See Cal. Code Civ. Proc. §
2025.240(a). As noted, in the case of a deposition on written questions, the notice
must be accompanied by a copy of the questions to be asked of the deponent. See
Cal. Code Civ. Proc. § 2028.030(a). Ensure that you comply with the requirements
discussed above in Time and Place of Deposition.

While you are only required to serve parties that have appeared in the action, it is
good practice to also serve any other party who has been served with the
summons, as that party may later appear and claim a right to take a subsequent
deposition of the deponent due to lack of notice of the original deposition.

If the deponent is a nonparty, you must serve on the parties a copy of the
deposition notice along with the deposition subpoena commanding the nonparty's
attendance. Cal. Code. Civ. Proc. § 2025.240(c). If the deposition subpoena
commands production of personal records of a consumer or employment records
of an employee, you must also serve that consumer or employee with the notice of
deposition, along with a copy of the deposition subpoena and a notice of privacy
rights. Cal. Code Civ. Proc. § 2025.240(b). For a detailed discussion of nonparty
discovery, see Discovery Subpoenas: Issuing, Drafting, Serving, and Enforcing
(CA).

For discussion of procedures for service of documents generally, see Filing and
Serving Documents Other Than Initial Complaint and Summons (CA).

Notice Not Filed

Deposition notices are not filed with the court unless needed for a subsequent
proceeding, such as a discovery motion, or unless the court orders them filed for
good cause. See Cal. Rules of Ct., Rule 3.250(a)(3). However, you must retain the
original notice, along with the proof of service, for six months after final
disposition of the case unless the court on motion of any party and for good cause
shown orders you to preserve the notice for a longer period. See Cal. Rules of Ct.,
Rule 3.250(b).

Related Content

Practice Notes

• Depositions: Defending a Deposition (CA)

• Depositions: Preparing for and Taking A Deposition (CA)

• Filing and Serving Documents Other Than Initial Complaint and Summons (CA)

• Discovery Subpoenas: Issuing, Drafting, Serving, and Enforcing (CA)

 • Nonparty Discovery: Out-of-State Witnesses (CA)

• Discovery Planning and Strategy (CA)

• Scope of Discovery and Objections to Discovery (CA)

Annotated Forms

• Deposition Notice (Individual Deponent) (CA)

• Deposition Notice (Organizational Representative) (CA)

Checklists

• Depositions: Noticing, Preparing for, and Taking a Deposition Checklist (CA)

• Discovery Subpoenas: Drafting, Serving, and Enforcing a Subpoena Checklist

(CA)

• Formatting Rules in Court (CA)

• Filing and Serving Paper Documents Checklist (CA)

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Date and Time: Nov 04, 2020   05:32:15 a.m. EST

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