Legal Question in Civil Litigation in California
what is the official process to request that a noticed deposition be rescheduled? Is there a CCP governing this? Does a written rescheduling request need to be made?
2 Answers from Attorneys
There is no official process except a motion for a protective order that the deposition not be taken as scheduled. Before you bring such a motion you need to try to work it out with the attorney noticing the deposition and have solid objective grounds for the deposition not going forward as noticed. If you have solid grounds for rescheduling, put them in writing to the attorney who noticed the deposition, together with a demand that they "meet and confer" if they do not agree to reschedule. The courts do NOT want to hear from you about deposition scheduling unless you have done everything possible to work it out among yourselves, and the other side is being totally unreasonable. If that actually happens, then you put all the written exchanges together with a declaration of the spoken exchanges on the subject, and make them your attachment to a motion for a protective order that the deposition date be changed.
This is done by getting the deposition continued with written communications between the parties.
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