Legal Question in Civil Litigation in California

How Does Commission to Take Deposition Outside CA Work?

I'm acting as plaintiff in Pro Se in a

Civil Suit and will deposing a

defendant that is out of state. I've

served the defendant with a Notice

of Deposition in his home state and

plan to depose him there, but

someone just told me I should have

filed a Commission to Take

Deposition Outside California. What

exactly is this? What happens if I

didn't/don't file for a Commission?

Can the defendant cause problems at

the deposition?


Asked on 2/05/08, 11:10 pm

1 Answer from Attorneys
Kurt Boyd LAW OFFICES OF KURT BOYD

Re: How Does Commission to Take Deposition Outside CA Work?

If your defendant has answered your Cal lawsuit, then you don't need a commission and you can proceed with his/her deposition out of state.

Commissions are a form filed with the Cal court routinely granted. The commission submits to the out of state local court in the area where a prospective deponent lives, asking the local court to issue its subpoena to compel a non-party witness to appear locally for deposition. You use the commission process because a Cal subpoena only works in Cal.

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Answered on 2/21/08, 10:19 pm


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