| by Heather Duncan, Esq.
California law provides specific and strict requirements that must be complied with in order to properly notice a deposition in a case filed in a California Superior Court. Items required to be present in the Notice of Deposition are listed in the California Code of Civil Procedure sections 2025.220 and 2025.230, and include:
- Date and time of commencement
- Name of deponent
- Address and telephone number of non-party deponent
- Any materials to be produced by the deponent at the deposition
Intention to audio record, video record, or transcribe by stenographic method through instant visual display of testimony
Intention to use video recording at trial if the deponent is a treating or consulting physician or an expert witness
If the deponent is not a natural person, California Code of Civil Procedure section 2025.230 requires that the deposition notice must also include a description of all matters upon which examination will be requested.
Unless there is a stipulation of all parties or a court order, the locations where a deposition may be taken are limited by California Code of Civil Procedure section 2025.250, as follows:
The location of the deposition of a natural person must occur either within 75 miles of the deponent’s residence, or within the county where the action is pending and within 150 miles of the deponent’s residence.
The location of the deposition of an organization that is a party to the action must occur either within 75 miles of the organizations’ principal executive or business office in California or within the county where the action is pending and within 150 miles of that office.
Depending upon who is being deposed and where that party or non-party presently resides impacts the number of days after the notice is sent or served that the deposition can be held:
- 10 days after personal service
- 10 days plus 2 court days for fax, express, or overnight (with consent)
- 15 days in-state by mail
- 20-days out-of-state by mail
- 30-days out-of-country by mail
(California Code of Civil Procedure section 1013, 2016.050, 2025.270(a))
A review of these requirements should also be included in any litigation discovery plan.