Notice of Deposition in the California Superior Courts

Please note: Relevant California Codes of Civil Procedure have been amended since this article was written. For up-to-date Notice of Deposition guides please go to SmartRules

This introduction serves as an overview of noticing a deposition in the California Superior Courts. For full treatment in a specific California Superior Court, including local and state rules, please see the California Superior Court SmartRules Notice of Deposition guides for the specific California Superior Court where your action is pending.


Notice of Deposition

Timing

A defendant may serve a deposition notice without leave of court at any time. CCP § 2025.210.

A plaintiff may serve a deposition notice without leave of court at any time after twenty (20) days after service of the summons on, or appearance by, any defendant. However, on motion with or without notice, the court, for good cause shown, may grant to a plaintiff leave to serve a deposition notice on an earlier date. CCP § 2025.210.

Specific timing requirements also apply to:

  • Oral Depositions
  • Oral Depositions in Unlawful Detainer Actions
  • Orders Shortening or Extending Time
  • Objections

Notice of Deposition Rules and Requirements

Notice of Deposition guides also cover, in full detail, the following deposition rules:

  • Location
  • Notice Requirements
  • When Notice is not Required
  • Subpoenas for Business Records
  • Deposition by Telephone
  • Failure to Object Timely
  • Preemption of Local Rules
  • Depositions of Corporations
  • Local Deposition Guidelines
  • Contents of Notice
  • Copy of Subpoena to Non-Party Witnesses
  • Additional Local Requirements
  • Filing and Service Requirements

Any authorities cited in this At A Glance Guide are current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.

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