An objection to a deposition subpoena in California is the topic of this blog post.
An objection to a deposition subpoena in California may be served by a non-party to the action that is served with a deposition subpoena. See Monarch Healthcare v. Superior Court (2000) 78 Cal. App. 4th 1284, 1289 (finding written objections may be served in response to all discovery mechanisms suitable for non-parties).
Deadline to serve an objection to a deposition subpoena in California.
An objection to a deposition subpoena in California must be served at least three calendar days before the date of the oral deposition or the production is due pursuant to the provisions of Code Civil Procedure § 2025.410(a). If the objection to a deposition subpoena in California is not served until exactly three calendar days before the applicable response date, then the objections must be personally served on the party who gave notice of the deposition pursuant to Code of Civil Procedure § 1011. See Code of Civil Procedure § 2025.410(b).
Grounds for an objection to a deposition subpoena in California.
Common grounds for serving an objection to a deposition subpoena in California are:
The deposition subpoena does not allow sufficient time for production of the business records;
The deposition subpoena does not describe with reasonable particularity the matters on which examination is requested;
The deposition subpoena does not specifically describe the business records to be produced;
The deposition subpoena is not accompanied either by a copy of the proof of service of the notice to the consumer or employee, and
The deposition subpoena seeks privileged information.
Pros and cons of an objection to a deposition subpoena in California.
Serving an objection to a deposition subpoena in California has an advantage in that it places the burden on the subpoenaing party to file and serve a motion to compel. However it does have a disadvantage in that it allows the subpoenaing party to frame the issue. However filing a motion to compel in California is an arduous and expensive process that most non-parties or parties for that matter wish to avoid.
If timely objections are made by the non-party, the party seeking discovery is then required to show a “compelling need” for the nonparty information, often through a motion to compel. A “compelling need” is demonstrated where the information is directly relevant and essential to the fair resolution of the lawsuit. See Britt v. Superior Court (1978) 20 Cal.3d 844, 859.
Sample objection to a deposition subpoena in California for sale.
Attorneys or parties in California that would like to view a portion of a sample objection to a deposition subpoena in California that contains brief instructions, sample objections with citations to statutory authority and a proof of service sold by the author can see below.
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The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.
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Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.