Q: Acceptable options of serving written deposition subp on non-party.
When SUBP-010 is served only for written deposition of answers to question by non-party, can answers be sent by mail?
If SUBP-020 is served only for written deposition of answers to question by non-party, can answers be sent by mail?
Which option is correct - SUBP-010, or SUBP-020.
Deponent's responses by mail are acceptable in either option?
If not - why?
A:
When serving a deposition subpoena on a non-party in California, it's important to know which form applies. SUBP-010 is used for a deposition subpoena for the production of business records, while SUBP-020 is for a deposition subpoena for personal appearance and testimony. For written deposition questions, you're likely referring to the process of serving interrogatories or specific written questions to be answered.
In either case, if the subpoena is for written responses only, and the subpoena itself does not require the non-party’s appearance, the answers can typically be provided by mail. However, it's crucial to ensure that the subpoena and accompanying documents specifically allow for such an arrangement. Always double-check the instructions in the subpoena and the California Code of Civil Procedure to confirm this is acceptable.
If the subpoena requires personal appearance, mailing answers alone would not comply with the order, and failure to respond correctly could result in penalties.
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