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Compelling attendance at a deposition in California

by Stan Burman
Compelling attendance at a deposition in California.

Compelling attendance at a deposition in California is the topic of this blog post.  

Compelling attendance at a deposition in California requires that a motion to compel attendance at deposition be filed, the motion to compel can also compel a party to produce documents but only when the party to be deposed did not attend the deposition despite being served with a valid notice of deposition that contained a request for production of documents.

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.

As a general rule 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.”

Any party 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.

Sample motion to compel attendance at a deposition in California for sale.

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 see below.

Sample Motion to Compel Attendance at Deposition for California by Stan Burman on Scribd

 

California discovery document collection.

Attorneys or parties that would like more information on a California discovery document collection containing over 40 sample documents including a motion to compel attendance at deposition can use the link shown below.

https://legaldocspro.myshopify.com/collections/frontpage/products/california-discovery-document-collection

Over 300 sample legal documents for California and Federal litigation for sale.

To view more information on over 300 sample legal documents for California and Federal litigation visit: https://legaldocspro.myshopify.com/products

The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/  for more information.

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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.

 

 

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