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Can a party compell me to show up for a deposition after the discovery period?
Anonymous5 views3 answers
I went to my scheduled deposition and found nobody there so I just went home. The next day, I called the other party's attorney to ask them what happened and they said that the Deposition was supposed to be in 2 days. They had the wrong date on the notice, and they only found out about it when I called them. Now, they're telling me they will issue me another deposition subpoena. The discovery period for our case ends in 5 days, and I know they need to have served me the subpoena 10 days prior to the date they want to meet (or 15 days if served by mail), unless they get an order to shorten this time.
If they dont get the order to shorten the time, and they serve me another subpoena, do I still have to show up to the deposition if it is scheduled AFTER the end of the discovery period?
Do you have a lawyer? Lawyers know how to file motions to quash subpoenas and motions for protection from appearing at depositions. I believe that you ignore a subpoena at your own risk. You will have the burden to show ithe subpoena was not valid or was improperly served. Both of which will require you to get a lawyer at some stage anyway. Get one now.
Richard Eric Anthony DwyerDivorce / Separation LawyerMountain View, CA ·
They can't. Make sure that you file and serve an objection to the notice of deposition. Further alert opposing counsel that you do not plan to attend as they are in violation of the Code of Civil Procedure.
If the issue ends up before the Court, you want to be able to advise the Court that the other side could have avoided paying Court reporter fees, etc. -- http://richarddwyer.com
A party must give you ten (10) days' notice (if you are personally served with that notice) before the deposition date. If the date of the deposition falls after the discovery cut-off date, you may avoid the deposition if you promptly serve an objection to the deposition notice (CCP 2025.410(a)). That objection must be served at least three (3) days before the deposition is scheduled to take place, but if objection is made on the third calendar day before the date of the deposition, the objection must be personally served (CCP 2025.410(b)). It would be prudent, however, to also make a motion for a protective order under CCP 2025.410(c). This would have to be done on shortened notice.
