Q: CA rule of court rule 3.1010 (c). 2024 rules of court
CA rule of court rule 3.1010 (c) recites.
'As required by statute or as agreed between parties and deponent'. Does this Imply consent of deponent as precondition for deposition? Is Motion for protective order 2025.420 applicable statute?
A: A deposition can be noticed without agreement of the parties. A part has a right to depose the other parties to the case and no consent of despondent is required.
A:
Under California Rule of Court 3.1010(c), the phrase 'As required by statute or as agreed between parties and deponent' suggests that the consent of the deponent is a key factor for a deposition to occur. However, this doesn't strictly mean that consent is always a mandatory precondition.
In certain situations, consent may be bypassed if statutory provisions mandate the deposition. This is where the interplay between the parties' agreement and statutory requirements becomes critical in determining the need for the deponent's consent.
Regarding your query about the applicability of Motion for Protective Order under CCP 2025.420, it is indeed a relevant statute in this context. This motion can be used to address concerns about the deposition process, including the need for deponent consent, and to seek the court's intervention to limit or modify the deposition to protect the deponent from unreasonable annoyance, embarrassment, or oppression.
It is advisable to carefully assess the specifics of your case in light of these rules and consider consulting with colleagues or conducting a thorough review of relevant case law to guide your strategy.
A: You can move for the protective order and the court will make any order that justice requires to protect any party or deponent. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general and may not apply to particular factual or legal circumstances. This information does not establish an attorney-client relationship. Transmission of the information is not intended to create, and receipt does not constitute an attorney-client relationship. Internet subscribers and online readers should not act upon any information on this website without seeking professional counsel. JASINSKA LAW FIRM PC expressly disclaims all liability concerning actions taken or not taken based on any or all of the contents.
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