Los Angeles, CA asked in Personal Injury for California

Q: Notice of written deposition to non-party during discovery. Format.

What rule or CCP defines format of notice of deposition to non-party under subpoena during discovery?

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James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: In California, the rules for the format of a notice of deposition to a non-party are primarily governed by the California Code of Civil Procedure (CCP). Specifically, CCP § 2020.310 details the requirements for deposing a non-party, which includes the need to issue a deposition subpoena. The subpoena must specify the time and location of the deposition, and it should be served with reasonable notice.

Additionally, CCP § 2025.220 outlines the content required in a deposition notice, including the name of the deponent, the address where the deposition will be held, and if documents are requested, the description of those documents. If you're requesting documents in addition to the deposition, you'll also need to follow CCP § 2020.410 regarding document production.

Make sure the notice complies with these rules, and it's essential to serve the subpoena in a timely manner, giving the non-party sufficient time to prepare. This helps ensure the deposition process goes smoothly and reduces the likelihood of disputes or delays.

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