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Objecting to a deposition notice in California

by Stan Burman

Objecting to a deposition notice in California.

Objecting to a deposition notice in California is the topic of this blog post.

There are very specific requirements in California regarding the contents and service of a deposition notice.  If you have been served with a notice of deposition you 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. "

Sample objection to a deposition notice in California for sale.

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 by Stan Burman on Scribd

 

California discovery document collection for sale.

Attorneys or parties that would like more information on a California discovery legal document collection containing over 40 sample documents including a sample objection to a California deposition notice sold by the author of this blog post can use the link shown below.

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

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.

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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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