Legal Question in Real Estate Law in California
in propia personna deposition
unlawful detainer ca superior court/as defendant in propia
personna, how do i postpone the deposition? ca civil code
states serving an objection. is the fact that i cannot make
the time and place because of work viable? and in what form
do i make this.also need to subpeona records from loan company .how do i do this?
3 Answers from Attorneys
Re: in propia personna deposition
The normal procedure is to call the party scheduling the deposition and requesting that the deposition be rescheduled. Explain the reason for the request and suggesst several new dates.
Re: in propia personna deposition
If you are unavailable, call or write them and give them alternate reasonable dates.
For subpoena, there is a Judicial Council form.
JOEL SELIK
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Re: in propia personna deposition
Setting deposition dates is generally handled by discussion between the attorneys or, in the case of a self-represented party, between that party and the opposing counsel. The court is unlikely to become involved.
See Code of Civil Procedure section 2025 in general and subsection (f) regarding timing, which in an UD case is shortened.
Many courts have local rules requiring attorneys to confer before setting deposition dates. Check your local rules.
Attorneys can issue subpoenas themselves, as they are considered to be officers of the court. A party in pro. per. should ask the court clerk. The clerk may be able to give you signed blank subpoena forms or more likely the clerk can issue the subpoena for you after you properly fill out the form. This is tricky business from the standpoint of proper forms-completion and proper service. Chances are with no legal training you'll experience some difficulty in preparing and serving subpoenas. Get local advice, or read up on it.