A defendant may serve a deposition notice without leave of court at any time. CCP § 2025.210.
A plaintiff may serve a deposition notice without leave of court at any time after twenty (20) days after service of the summons on, or appearance by, any defendant. However, on motion with or without notice, the court, for good cause shown, may grant to a plaintiff leave to serve a deposition notice on an earlier date. CCP § 2025.210.
Oral Deposition--10 Days' Notice
An oral deposition shall be scheduled for a date at least ten (10) days after service of the deposition notice. CCP § 2025.270.
Production of Personal Records--20 Days' Notice
A party served with a deposition notice waives any objections to the notice unless a written objection is served on the noticing party within three (3) calendar days of the date scheduled for the deposition. The objections must be personally served if served exactly three (3) days before the deposition. CCP § 2025.410 (amended eff 1/1/13)
If the deponent is a natural person or an organization that is a party to the action, the deposition must be taken within seventy-five (75) miles of the deponent's residence or principal place of business in California, or within the county where the action is pending and within 150 miles of the residence or principal place of business. If the deponent is a non-party organization, the deposition must take place within seventy-five (75) miles of the organization's principal business office in California, unless the organization consents to a different location. CCP § 2025.250.
Where, as defined in CCP 1985.3(a), 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, the subpoenaing party shall serve on that consumer
(1) a notice of the deposition,
(2) the notice of privacy rights specified in CCP § 1985.3 (amended eff 1/1/13) and CCP § 1985.6 (amended eff 1/1/13), and
A party may obtain copies of business records from a non-party by serving a subpoena for business records on the custodian of records. CCP § 2020.410 (amended eff 1/1/13).
A copy of the business records subpoena must be served on all parties to the action. CCP § 2025.240.
See Sacramento County SmartRules™ procedural guide: Subpoena .
Any party may take an oral deposition by telephone, videoconference, or other remote electronic means, provided, among other things, that notice is served with the notice of deposition or the subpoena. CRC 3.1010 (a)(1) (amended eff 1/1/22).
Stipulations regarding depositions are not filed with the court unless relevant to a particular proceeding. The deposing party must retain any stipulation. CRC 3.250(a) & (b) (amended eff 1/1/17)
Unless the court orders otherwise, the parties may by written stipulation modify the procedures for discovery provided by the Code of Civil Procedure. CCP § 2016.030
A party served with a deposition notice waives any objections to the notice unless a written objection is served on the noticing party within three (3) days of the date scheduled for the deposition. The objections must be personally served if served exactly three (3) days before the deposition. CCP § 2025.410 (amended eff 1/1/13)
California Rule of Court 3.20 states that the Judicial Council preempts local court rules relating to pleadings, demurrers, ex parte applications, motions, discovery, provisional remedies, and form and format of papers. No trial court shall enact or enforce any local rules concerning these fields and all such local rules are null and void unless otherwise permitted or required by a statute or California Rule of Court. CRC 3.20 (amended eff 1/1/15)
The deposition of an organization is treated as one deposition even though more than one person may be required to testify pursuant to CCP § 2025.230. CCP § 94(b).
A deposition notice must state, in at least 12-point type, the date, time and address where the deposition will take place, the deponent's name, and if not a party to the action, the deponent's address and telephone number. If the deponent's name is not known, the notice should contain a description sufficient to identify the person or class to which the person belongs.
The notice must also describe with particularity any materials or category of materials, including electronically stored information, to be produced by the deponent.
The notice must state any intention to record the testimony by audio or video technology in addition to the stenographic method, and any intention to record the testimony by stenographic method through the instant visual display of the testimony. The notice must indicate if the deposing party reserves the right to use at trial the videotape deposition of a treating physician or expert witness.
If the deponent is a nonparty witness compelled by subpoena, the deposition notice must include a copy of the subpoena. CCP § 2025.240.
See Sacramento County SmartRules™ procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS.
A notice of deposition must be served on all parties who have appeared in the action. CCP § 2025.240.
A deposition notice is not filed with the court unless relevant to a particular proceeding. The deposing party retains the original notice with proof of service. CRC 3.250 (amended eff 1/1/17)
Lodging of deposition transcripts is not permitted unless requested by the court. Copies of pertinent portions of depositions shall be attached as exhibits to the motion and incorporated by reference in a declaration. Sacramento LR 2.31 (G).
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