Legal Question in Real Estate Law in California
I'm the defendant in a civil suit that's going to arbitration march 6-7th. I had a appointment withbattorney today but it was rescheduled for next Wednesday. The plaintiffs attorney sent me interrogatories an d demand for inspection of documents for next Thursday and now wants me ton participate in a deposition next week also. My questions are do I need to be present when she does the document inspection and do I have to agree to a deposition in such a short time frame.
2 Answers from Attorneys
10 days written notice has to be given and you do not have to be present at the inspection of documents. Ask your attorney; perhaps they are granted a shortened period of time because the other side is co-operating on something else. The major section on depostions follows:
(a) An oral deposition shall be scheduled for a date at
least 10 days after service of the deposition notice.
(b) Notwithstanding subdivision (a), in an unlawful detainer
action or other proceeding under Chapter 4 (commencing with Section
1159) of Title 3 of Part 3, an oral deposition shall be scheduled for
a date at least five days after service of the deposition notice,
but not later than five days before trial.
(c) Notwithstanding subdivisions (a) and (b), if, as defined in
Section 1985.3 or 1985.6, the party giving notice of the deposition
is a subpoenaing party, and the deponent is a witness commanded by a
deposition subpoena to produce personal records of a consumer or
employment records of an employee, the deposition shall be scheduled
for a date at least 20 days after issuance of that subpoena.
Since the case is going to arbitration, you should also consider the discovery rules written into the civil arbitration statute, which may modify the applicable procedures and time lines. See, for example, Code of Civil Procedure sections 1283 and 1283.05 regarding depositions.