Q: Staying, denying notice of oral deposition - against oral deposition
Request about staying deposition on basis of duplication, irrelevancy, undue burden, data in the possession of moving party. While depositions are appropriate, the demands per CCP 2025.420 can be propounded in writing.
A:
In California, if you believe that a scheduled oral deposition is unnecessary, you can request a stay on the deposition. To do this, you would need to file a motion with the court under CCP 2025.420, stating your reasons for the request. The reasons can include arguments that the deposition is duplicative, irrelevant to the case, or places an undue burden on you.
You should provide specific examples or evidence to support your claim that the information sought in the deposition is already in the possession of the moving party, or that it can be adequately obtained through written discovery. It's important to clearly articulate why the deposition is not necessary and how written discovery is a sufficient alternative.
Remember that the decision to stay a deposition is at the discretion of the court, and you will need to make a compelling case for your request. It's advisable to consult with your attorney to ensure your motion is well-prepared and effectively communicates your position.
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