Production demands vs deposition demands

Question

Is deposition notice with demand to produce documents, in addition to productions requests - appropriate?  
 
What is legal reason for substituting producing documents instead on deposing documents?  
Does motion for protective order pursuant section 2025.420 provide for that? In which part?

Joel Gary Selik · Answer

It is both proper and common for a notice of a deposition of a party to have included a request for production of documents and or things.   
 
For non-parties, a subpoena is necessary.  ▪

James L. Arrasmith · Answer

In California, it is appropriate to issue a deposition notice that includes a demand to produce documents. This can be done in addition to serving separate production requests. Combining these demands streamlines the discovery process, allowing you to gather necessary documents and testimony simultaneously. 
 
The legal rationale for substituting document production instead of deposition is efficiency. Producing documents ahead of time can provide clarity and context for the deposition, potentially reducing the time needed for questioning. It ensures that both parties have the necessary information to proceed effectively, making the deposition more productive. 
 
A motion for a protective order under California Code of Civil Procedure Section 2025.420 can address issues related to document production demands. Specifically, subdivision (b) allows the court to impose conditions, such as requiring documents to be produced before or at the deposition. This section provides a mechanism to manage and potentially limit the scope of document production to prevent undue burden or expense.

Q: Production demands vs deposition demands