Los Angeles, CA asked in Personal Injury for California

Q: Specific statute that defines grounds to object

Very specific statute Or rule that defines specific grounds to object written testimony under subpoena of non-party without appearance

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

A: In California, objections to written testimony of a non-party under subpoena are governed primarily by the California Code of Civil Procedure (CCP). One key statute is CCP § 2025.410, which allows you to object to defects in a deposition notice or subpoena, including written testimony, prior to the deposition. Grounds for objection include relevance, privilege, or improper notice.

Another important rule is Evidence Code § 1200, which pertains to hearsay. If the written testimony contains hearsay or statements that don’t fall under a recognized exception, you may object on those grounds. Additionally, CCP § 1987.1 gives courts discretion to quash, modify, or set aside a subpoena if it is unreasonable or oppressive.

If the testimony seeks privileged information, such as attorney-client communications, you can object under Evidence Code §§ 954 and 955. Always ensure your objections are timely and appropriately stated to preserve your rights.

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