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In a limited jurisdiction case in California, can you request documents with the deposition?
Anonymous9 views2 answers
Here is the Cal. Code of Civil Procedure Section 94:
Discovery is permitted only to the extent provided by this section and Section 95. This discovery shall comply with the notice and format requirements of the particular method of discovery, as provided in Title 4 (commencing with Section 2016.010) of Part 4. As to each adverse party, a party may use the following forms of discovery:
(a) Any combination of 35 of the following:
(1) Interrogatories (with no subparts) under Chapter 13 (commencing with Section 2030.010) of Title 4 of Part 4.
(2) Demands to produce documents or things under Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4.
(3) Requests for admission (with no subparts) under Chapter 16 (commencing with Section 2033.010) of Title 4 of Part 4.
(b) One oral or written deposition under Chapter 9 (commencing with Section 2025.010), Chapter 10 (commencing with Section 2026.010), or Chapter 11 (commencing with Section 2028.010) of Title 4 of Part 4. For purposes of this subdivision, a deposition of an organization shall be treated as a single deposition even though more than one person may be designated or required to testify pursuant to Section 2025.230.
(c) Any party may serve on any person a deposition subpoena duces tecum requiring the person served to mail copies of documents, books, or records to the party’s counsel at a specified address, along with an affidavit complying with Section 1561 of the Evidence Code.
The party who issued the deposition subpoena shall mail a copy of the response to any other party who tenders the reasonable cost of copying it.
(d) Physical and mental examinations under Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4.
(e) The identity of expert witnesses under Chapter 18 (commencing with Section 2034.010) of Title 4 of Part 4.
Section 94(a)(1 - 3) requires 35 of specified discovery requests. Section 94(c) expressly excludes the use deposition subpena (used for a deposition of a nonparty or merely for documents/things from a nonparty) from the types of discovery requests limited to 35. Impliedly, by omission, a deposition is excluded from the types of discovery requests limited to 35, as is the use of a notice/demand in lieu of a subpena for the production by a party of documents/things at the deposition.
The "rule of 35" does not prevent you from having documents produced at a deposition. You should also consider a Request for Statement of Witnesses and Evidence under CCP Section 96 as you get closer to trial.
Robert Andrew Michael BurnsFamily Law AttorneySan Diego, CA ·
Here is the Cal. Code of Civil Procedure Section 94:
Discovery is permitted only to the extent provided by this section and Section 95. This discovery shall comply with the notice and format requirements of the particular method of discovery, as provided in Title 4 (commencing with Section 2016.010) of Part 4. As to each adverse party, a party may use the following forms of discovery:
(a) Any combination of 35 of the following:
(1) Interrogatories (with no subparts) under Chapter 13 (commencing with Section 2030.010) of Title 4 of Part 4.
(2) Demands to produce documents or things under Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4.
(3) Requests for admission (with no subparts) under Chapter 16 (commencing with Section 2033.010) of Title 4 of Part 4.
(b) One oral or written deposition under Chapter 9 (commencing with Section 2025.010), Chapter 10 (commencing with Section 2026.010), or Chapter 11 (commencing with Section 2028.010) of Title 4 of Part 4. For purposes of this subdivision, a deposition of an organization shall be treated as a single deposition even though more than one person may be designated or required to testify pursuant to Section 2025.230.
(c) Any party may serve on any person a deposition subpoena duces tecum requiring the person served to mail copies of documents, books, or records to the party’s counsel at a specified address, along with an affidavit complying with Section 1561 of the Evidence Code.
The party who issued the deposition subpoena shall mail a copy of the response to any other party who tenders the reasonable cost of copying it.
(d) Physical and mental examinations under Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4.
(e) The identity of expert witnesses under Chapter 18 (commencing with Section 2034.010) of Title 4 of Part 4.
Section 94(a)(1 - 3) requires 35 of specified discovery requests. Section 94(c) expressly excludes the use deposition subpena (used for a deposition of a nonparty or merely for documents/things from a nonparty) from the types of discovery requests limited to 35. Impliedly, by omission, a deposition is excluded from the types of discovery requests limited to 35, as is the use of a notice/demand in lieu of a subpena for the production by a party of documents/things at the deposition.
