Los Angeles, CA asked in Personal Injury and Medical Malpractice for California

Q: Does order for protective order granted by court, prevents a party to request deposition subpoena?P

Does order for protective order granted by court, prevents a party to request deposition subpoena?

1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
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A: Under California law, a protective order issued by the court does not automatically prevent a party from requesting a deposition subpoena. However, the scope and terms of the protective order may limit or restrict the ability to conduct depositions or seek certain information through a subpoena.

Here are a few key points to consider:

1. Purpose of a protective order: A protective order is typically issued to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense during the discovery process (Cal. Civ. Proc. Code § 2025.420).

2. Requesting a deposition subpoena: Any party to a lawsuit can generally request a deposition subpoena to compel the attendance of a witness for a deposition (Cal. Civ. Proc. Code § 2020.310).

3. Limitations imposed by the protective order: The specific terms of the protective order will determine what limitations, if any, are placed on the ability to conduct depositions or seek information through subpoenas. For example, the order may prohibit depositions on certain topics, limit the scope of questioning, or restrict the use and disclosure of information obtained through a deposition.

4. Modifying or challenging the protective order: If a party believes that the protective order is too broad or restrictive, they may file a motion to modify or dissolve the order (Cal. Civ. Proc. Code § 2025.420(b)).

In summary, while a protective order does not automatically prevent a party from requesting a deposition subpoena, the specific terms of the order may limit or restrict the ability to conduct depositions or seek certain information. It is essential to review the protective order carefully and consult with an attorney to understand its implications on the discovery process.

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