Legal Question in Civil Litigation in California

Re: California Notice of Depostion

The plaintiff is entitled to take your deposition regardless of whether you consent to it and regardless of whether you have a lawyer. He has to follow proper procedures, though, and it is quite possible that he did not give you proper notice or that he made some other mistake.

Deposition notices have to include a time and place, and the party noticing the depo does not have to work these details out with the witness and/or opposing parties ahead of time. (When a lawyer does this he/she generally realizes the depo may have to be rescheduled due to the needs of the witness, the other lawyers, etc.) If you have a conflict or some other strong reason why you need to reschedule, you should try to make such arrangements with the plaintiff. Most lawyers are quite reasonable about such things; hopefully your pro per opponent will be, too. If he refuses you can seek a protective order, though your location and lack of counsel would make that difficult.

Depos can go on for a long time and notices typically say so just in case. That doesn't mean your depo will go on ad nauseum. Even if it isn't finished at the end of the first day, if the next day is bad for you you may be able to schedule the second day at a mutually convenient time. Needlessly prolonging a depo is considered abuse of the discovery process, and you are entitled to demand that the questioning stay focused so that this doesn't happen. If you think the depo has become harassing you can walk out, but he would then be able to bring a motion to compel you to submit to further questioning. If he wins you would have to pay the costs he incurs in bringing the motion (including attorney fees is he hires a lawyer) *and* in having another deposition.

Depositions are a matter of right and do not require a court order. That the court has no record of this notice is perfectly normal. There is no need to file copies of deposition notices or other discovery with the court unless they become relevant as evidence. This usually happens when one side claims the other has refused to respond and seeks an order compelling them to do so.

That you already gave a depo in a different case in another state is probably irrelevant, though with more details I might see things differently.

Re: California Notice of Depostion

I agree with what Mr. Hoffman wrote. What is of concern are the other two lawsuits. Were they about the same matters and issues? If they were dismissed on their merits, you might file a motion for summary judgment because the issues already were decided. Since you don't have money for a lawyer, the person suing you might be engaged in harassment for that reason. You should make an appointment with a lawyer in NM at least to discuss what your rights are. Depending on the nature of the CA suit, there's a slim chance you might be entitled to recover attorney's fees and thereby afford legal representation.

Also, many law schools have legal clinics where advanced law students, with the help of lawyers in the community, will help people like yourself. See if you can take advantage of that. Good luck!

Re: California Notice of Depostion

Normally, a Commission has to be issued before a deposition can be taken in another state. I assume the Plaintiff filed in State Court and not Federal Court. If you are a Defendant, you may be able to file a Motion to Dismiss if there is not proper venue in California. Please call us if you have any other questions.