Forcing Witnesses and Parties to Appear for Depositions
You must give at least 10 days notice of a deposition to a party or third
party witness, and 20 days' notice if you are asking them to bring
"consumer" or employment records. However, the best practice
as to party deponents who are represented by counsel is to first ask the
other side to provide available dates and to use of those dates. Ultimately,
you want the deposition, not a motion to compel the deposition that could
take weeks to resolve and so unnecessarily stall the case.
Want to Learn About Depositions in California Divorce and Family Law?
CALIFORNIA CODE OF CIVIL PROCEDURE
ORAL DEPOSITION INSIDE CALIFORNIA
C.C.P. Section 2025.270
(a) An oral deposition shall be scheduled for a date at least 10 days after
service of the deposition notice.
(b) Notwithstanding subdivision (a), in an unlawful detainer action or
other proceeding under Chapter 4 (commencing with Section 1159) of Title
3 of Part 3, an oral deposition shall be scheduled for a date at least
five days after service of the deposition notice, but not later than five
days before trial.
((c) Notwithstanding subdivisions (a) and (b), if, as defined in Section
1985.3 or 1985.6, the party giving notice of the deposition is a subpoenaing
party, and the deponent is a witness commanded by a deposition subpoena
to produce personal records of a consumer or employment records of an
employee, the deposition shall be scheduled for a date at least 20 days
after issuance of that subpoena.
(d) 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, or may stay its taking until the determination of a motion
for a protective order under Section 2025.420.