Deposition – Summary of Statutes

Right to discovery:

Code Civ. Proc. §2017.210. A party may obtain discovery of insurance; the identity of the insurer, nature and limits of the coverage, and whether the insurer is disputing coverage, but not as to the nature and substance of that dispute and is not admissible at trial.

Code Civ. Proc. § 2025.010 Any party may obtain discovery by taking the oral deposition of any person, [who] may be a natural person, an organization such as a public or private corporation, a partnership, an association.

When Notice: Code Civ. Proc. § 2025.210.

20 days after the service of the summons or appearance by any defendant.

Notice Content:

Code Civ. Proc. § 2025.220.

Notice shall state the address, date, name of each deponent, any materials to be produced, intention to record by audio or video, intention to use at trial a video recording.

Code Civ. Proc. § 2025.620. Video camera operator.

PMQ: Code Civ. Proc. § 2025.230.

Notice of the matters on which examination is requested. The deponent shall designate and produce the person most qualified to testify.

Service: Code Civ. Proc. § 2025.240.

Give notice to all parties who has appeared. Give notice of production of personal records. Notice of privacy rights of 1985.3 or 1985.6(e).

Location: Code Civ. Proc. § 2025.250.

Within 75 miles of residence, or within the county where the action is pending and within 150 miles of the deponent’s residence, or within 75 miles of the organization’s principal office in California.

Motion re: Location Code Civ. Proc. § 2025.260.

When Depo: Code Civ. Proc. § 2025.270.

10 days after notice, or 20 days if witness to produce personal records.

Notice to Produce Documents: Code Civ. Proc. § 2025.280.

Notice require any party to attend, testify, and produce documents, electronically stored information, or tangible things. Non-party requires service of a subpoena.

Time Limit: § 2025.290.

Seven hours of total testimony.

 

DOCUMENT PRODUCTION

Code Civ. Proc. § 2031.010 (Right to inspect and copy)

Any party may obtain discovery by inspecting documents in the possession, custody, or control of the party.

Code Civ. Proc. § 2031.020 (When)

any time that is 10 days after the service of the summons.

Code Civ. Proc. § 2031.030 (Form)

Technical requirements.

Code Civ. Proc. § 2031.030 (Service)

Serve required on all parties who have appeared in the action.

Code Civ. Proc. § 2031.210 (Response)

The responding shall respond it will comply, lacks the ability to comply, or objections.

Code Civ. Proc. § 2031.220 (Will Response)

Code Civ. Proc. § 2031.230 (Inability to Response)

Code Civ. Proc. § 2031.240 (Particularity of Objection)

Code Civ. Proc. § 2031.250 (Sign the response under oath)

Code Civ. Proc. § 2031.260 (Time)

Within 30 days.

Code Civ. Proc. § 2031.280 (Form of Production)

Documents shall be produced as they are kept in the usual course of business, or be organized and labeled to correspond with the categories in the demand.

Code Civ. Proc. § 2031.300 (Failure to Respond)

Failure to serve a timely response waives any objection.

Code Civ. Proc. § 2031.310 (Motion to Compel)

Meet and confer declaration under Section 2016.040.

 

DOCUMENT PRODUCTION AT DEPOSITION

Description of Documents Code Civ. Proc. § 2020.410

Subpoena shall designate the business records to be produced by individual item or by category, and specify the form of electronically stored information is to be produced.

Subpoena only for production of business records shall command compliance with §2020.430 in 15 days after service.

Copy Business Documents Code Civ. Proc. § 2020.420.

Business records shall be copied by a professional.

Mail Business Documents Code Civ. Proc. § 2020.430.

If subpoena commands only business records for copying, the custodian shall deliver copies or affidavit (Ev. Cd. §1561) on receipt of payment of the reasonable costs.

Delivery to parties Code Civ. Proc. § 2020.440.

The deposition officer shall provide copy to all parties to purchase a copy.

 

Evidence Code

  • 1560: Every kind of business. Every kind of record. Witness may deliver copy to court. 5 days’ notice, the witness shall designate six hours on a date for copying, accompanied by the affidavit.
  • 1562. If records would be admissible if witness testified, the copy is admissible and the matters so stated are presumed true.
  • 1563. Only one witness fee and one mileage fee.

“Reasonable cost,” ten cents ($0.10) per page. Reasonable clerical costs $24 per hour.

The witness submit itemized statement for the costs.

Witness fees and mileage. ($35) a day and mileage actually traveled, both ways, twenty cents ($0.20) a mile.

 

Code Civ. Proc. § 1987. The service of a subpoena is made by delivery to the witness personally, giving to the witness at the same time, if demanded the fees for travel to and from and one day’s attendance. The witness upon demand shall be paid witness fees and mileage before being required to testify.

 

Government Code § 68093. Witness’ fees for each day’s actual attendance are thirty-five dollars ($35) a day and mileage actually traveled, both ways, twenty cents ($0.20) a mile.

MEET AND CONFER ON MOTION

Code Civ. Proc. §2016.040. A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.

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