Legal Question in Family Law in California

Notice of days for deposition with income documents

I received a notice for deposition on Dec. 19th. Proof of mailing was on Dec. 17th. Depo is scheduled for Jan. 2nd with income documentation. I read that I need a 20 day notice for this depo, due to the documents I am to bring. Is this true? Can I decline to go based on the fact I was not given enough notice?


Asked on 12/20/07, 4:18 pm

1 Answer from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Notice of days for deposition with income documents

I believe that if it is served in person, 15 days notice is all that is required.

However, let's pretend I'm wrong.

If the reason you are going to object is simply on the grounds that the attorney didn't give you sufficient notice, why bother? The attorney is going to get you at some point.

If the reason is because you didn't have enough time to get the documents together, then call the attorney and tell him the problem and ask for a short continuance on the deposition. Follow up in writing confirming the conversation, whether the continuance is agreed upon or not.

While this is a game (sort of), you don't want to screw around with the other side unless absolutely necessary. Ultimately, everything will be before the judge and you could end up being the one who looks bad.

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Answered on 12/20/07, 4:37 pm


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