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CA Deposition: are you allowed to give deposition notice to the other side for a SAaturday or Sunday?
Anonymous7 views3 answers
Where in CA statue describe or specify? What are you able to do if notice is for a Saturday or Sunday? Especially if for the other side you already gave more than 5 postponments?
I do not think that there is anything specific preventing a deposition to occur on a saturday or sunday, although it is normally monday through friday during business hours. It seems that the real issue is that you have avoided being deposed 5 times. My guess is that either the other side has gotten permission from the judge for a weekend deposition or is setting you up to prove that you simply are avoiding deposition.
But you can either file a objection to deposition notice based on unavailability and that it is on a non-business day or bring a motion to the court seeking a protective order to prevent your deposition.
Best of luck to you.
I agree with Mr. Yarbrough. Depositions must be scheduled 20 days after service of the summons on, or appearance by, any defendant (CCP Section 2025.210(b)), 10 days after service of the deposition notice (CCP Section 2025.270(a)), and 20 days if a witness is commanded to produce personal records of a consumer by subpoena. Also, all non-expert depositions must be "completed" (meaning the deposition has begun) 30 days before trial. (CCP Section 2024.020(a).)
The Code of Civil Procedure does not mandate a party schedule depositions for weekdays, but practically, a deponent can move for a protective order whenever necessary to stop "unwarranted annoyance, embarrassment, or oppression, or undue burden and expense." (CCP Section 2025.420(b).) For instance, if a deponent observes the Sabbath on Sunday, then a protective order might be granted to shield the deponent against unwarranted annoyance, embarrassment, or oppression.
An option may be to speak with the other attorney and reschedule for that Monday -- or better yet that Friday.
I agree with my colleagues. Nothing prevents a deposition from being noticed and taken on a Saturday or Sunday, but common practice is to avoid the weekends.
Since you posted this question under Landlord-Tenant, I presume you are referring to an unlawful detainer (eviction case)? If so, you should be aware of Code of Civil Procedure section 2025.270, subdivision (b):
"2025.270. (a) An oral deposition shall be scheduled for a date at
least 10 days after service of the deposition notice.
(b) Notwithstanding subdivision (a), in an unlawful detainer
action or other proceeding under Chapter 4 (commencing with Section
1159) of Title 3 of Part 3, an oral deposition shall be scheduled for
a date at least five days after service of the deposition notice,
but not later than five days before trial."