Legal Question in Civil Litigation in California
If you notice a deposition and then decide it is unecessary, how much time is needed to alert the other side that the depo will not be happening. is there a certain form that needs to be used?
3 Answers from Attorneys
You will need to give enough notice that they won't claim they incurred attorney fees or costs (if you are a pro per up against lawyers, they will). A letter giving a few days notice, or as much notice as possible, will do. Fax or email it.
There is no form. There is also no official time limit, but as Mr. Stone notes, you may face claims for fees and costs if you wait too long.
I agree with Mr. McCormick, there is no form, and there is no time limit set forth in the Discovery Act. Attorneys frequently notify all parties that a deposition will not go forward by letter, usually sent via facsimile and U.S. Mail.
If someone doesn't know and shows up, you can get sanctioned for noticing a deposition and then not going forward.
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What does it mean ..... .THE COURT MAKES THE FOLLOWING FINDINGS AND... Asked 12/08/10, 7:56 pm in United States California General Civil Litigation