What is rule regarding the deposition of a party as far as the distance traveled is concerned?

Business 4 views 3 answers
Does the deposition have to take place within a certain distance from the party's residence? I want to depose the opposing party who lives 1 hr away (60 miles).

Attorney Answers

3
Loren Leslie LunsfordLitigation LawyerSacramento, CA ·
Yes. Unless the court orders otherwise, a deposition must take place with regards to natural person within 75 miles of their residence, or within the county where the action is pending and within 150 miles of the deponent's residence. See Civ. Proc. Code sec. 2025.250(a). If the deponent is an organization, the deposition can take place within 75 miles of the organization's principal executive or business office in California or in the county where the action is pending and within 150 miles of that office. See Civ. Proc. Code sec. 2025.250(b).
0 upvotes
Frank Chen ·
Assuming you are in state court (Superior Court of California), Attorney Lunsford is absolutely correct. The deposition of a natural person must take place within 75 miles of his or her residence, or within the county where the action is pending and within 150 miles of the deponent's residence. (Code of Civil Procedure section 2025.250(a).) If the deponent is an corporation or other entity, the deposition can take place within 75 miles of the entity's principal office in California or in the county where the action is pending and within 150 miles of that office.(Code of Civil Procedure section 2025.250(b).) Therefore, you can notice the taking of the person's deposition for anywhere within these mileage limitations. Many self-represented litigants will choose to take the deposition at the office of a court reporting company, which often provides the conference room for the deposition.
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Kevin Sullivan ·
This should be fine.
0 upvotes

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