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.

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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.