Los Angeles, CA asked in Personal Injury for California

Q: Deposition of answers by non-party by mail to noticed subp-010.

California Code, Code of Civil Procedure - CCP § 2020.220 DOES NOT REQUIRE PERSONAL APPEARANCE

(a) Subject to subdivision (c) of Section 2020.410, service of a deposition subpoena shall be effected a sufficient time in advance of the deposition to provide the deponent a reasonable opportunity to locate and produce any designated business records, documents, electronically stored information, and tangible things, as described in Article 4 (commencing with Section 2020.410), and, where personal attendance is commanded, a reasonable time to travel to the place of deposition.

There are no statutes found that demand personal appearance of deponent during discovery to provide written answers to question.

Unless SPECIFIC statute , correct, can be referenced

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: In California, under the Code of Civil Procedure § 2020.220, there is no general requirement for a personal appearance when responding to a deposition subpoena for written answers. If you’ve received a deposition subpoena to provide documents or business records, the law allows you to respond by mail without attending in person, as long as personal attendance is not explicitly commanded. This applies especially to situations where the subpoena does not involve oral testimony but rather the production of documents or responses to written questions.

It's important to carefully review the subpoena to determine whether it asks for personal attendance or simply the submission of written answers or documents. If personal attendance is not required, you can typically respond via mail or other agreed-upon methods, as long as you meet the deadline set by the subpoena. The key is ensuring that you provide the requested information within the required time frame and in the proper format.

If you’re unsure about any part of the subpoena or what it’s asking for, it may be wise to consult the specific rules or get legal advice to ensure you’re complying with the legal requirements. This will help you avoid potential penalties for non-compliance or improper responses.

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