Q: Is motion needed in order to request deposition subpoena to ask third party a few questions?
Is motion needed in order to request deposition subpoena to ask third party a few questions?
A: No. A party may issue and serve a deposition subpoena.
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A:
To request a deposition subpoena for a third party in California, you generally do not need to file a motion. A deposition subpoena is used to compel a non-party to appear for a deposition or produce documents. You can request this directly by completing the appropriate forms and serving them to the third party.
However, you must follow proper procedures, including giving notice to all parties involved in the case and ensuring the subpoena complies with legal requirements. The subpoena must clearly state the time, date, and location of the deposition and what documents, if any, are to be produced.
If there is an objection to the deposition or the subpoena, the third party or another party involved may file a motion to quash or modify it. In such cases, a court hearing might be necessary to resolve any disputes. Always make sure you are following the rules set forth by the California Code of Civil Procedure.
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