Legal Question in Civil Litigation in California

Depostions

How much notice does an attorney have to give to someone he/she is serving a subpoena to for appearing at a deposition?


Asked on 3/27/07, 11:06 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Re: Depostions

It depends on whether or not the person receiving the subpoena is also the custodian of records for personal records of a consumer or employment records of an employee as defined in Code of Civil Procedure sections 1985.3 and 1985.6.

If none of those apply, the normal rule is ten days, and if you are a third party, the subpoena must be personally served. If you are not a third party, and it is served by mail, the ten days must be extended by five days if you reside in California, 10 days if you are in another state, and another 20 if you are in another country.

If it you are the holder of records of a consumer or employee, the subpoena must be served at least 20 days prior to the date of the deposition.

So the short answer is, it depends.

Very truly yours,

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Answered on 3/27/07, 12:55 pm


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