| by Heather Duncan, Esq.
The simple act of correctly scheduling a deposition can sometimes be confusing. Below are the basic deposition location guidelines under the rules provided in the California Code of Civil Procedure and the Federal Rules of Civil Procedure.
The California Code of Civil Procedure dictates certain distances a noticing party can require a deponent to travel.
The deposition of a natural person, (not an organization), whether or not a party to the action, can only be held at a location that is 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. California Code of Civil Procedure section 2025(a)
The deposition of an organization that is a party shall take place either within 75 miles of the organization’s principal executive or business in California, or within the county wherein the action is pending and within 150 miles of the office. The deposition of a non-party organization shall be taken within 75 miles of the organization’s principal executive or business office in California, unless the organization consents to a more distant place. If the organization has not designated a principal executive or business office in California, the deposition shall be held at a location that is either within the county where the action is pending or within 75 miles of any executive or business office of the organization located in California. California Code of Civil Procedure section 2025.250(b)
The Federal Rules allow a non-party witness to be deposed within 100 miles from his or her residence, place of employment, or place of being served. Federal Rule of Civil Procedure 45(b) (2)
A party who desires to take a deposition at a more distant location than those allowable by the state or federal rules may move the court to do so. In making its decision the court will look at factors such as:
3) convenience of the deponent,
4) feasibility of using an alternative discovery method,
5) the whereabouts of the deponent at the time for which the deposition is scheduled.
The court may also order the moving party to pay for reasonable travel expenses and costs.
Of course, the parties and deponent may stipulate to take the deposition at any agreed upon location.