Legal Question in Civil Litigation in California

Can I subpoena only documents from an opposing party, then later serve them with a deposition subpoena and depose them?


Asked on 9/09/14, 8:14 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

You don't need to subpoena parties at all. Subpoenas are only for non-parties. You can accomplish what you want by serving an a request for production, and then later serving a notice of deposition. Just make sure you don't miss the discovery cutoff or other key dates.

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Answered on 9/09/14, 9:03 pm
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

A subpoena is not what you are looking for. That is an instrument designed for someone that is not the opposing party(s).

You serve a request to produce. Then, you serve notice of the deposition. Make sure you do it in time because there is only a certain amount of time you have to do this through what is called discovery.

Some people tarnish their entire cases because they miss the cutoff times in making a request for production and/or the notice of deposition.

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Answered on 9/09/14, 11:55 pm


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