Code of Civil Procedure § 2025.210 – Time for Service of Deposition Notice
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Code of Civil Procedure § 2025.210 – Time for Service of Deposition Notice
Code of Civil Procedure – CCP
PART 4. MISCELLANEOUS PROVISIONS [1855 – 2107]
( Heading of Part 4 amended by Stats. 1965, Ch. 299. )TITLE 4. CIVIL DISCOVERY ACT [2016.010 – 2036.050]
( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. )CHAPTER 9. Oral Deposition Inside California [2025.010 – 2025.620]
( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. )ARTICLE 2. Deposition Notice [2025.210 – 2025.295]
( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )California Law
2025.210.
Subject to Sections 2025.270 and 2025.610, an oral deposition may be taken as follows:
(a) The defendant may serve a deposition notice without leave of court at any time after that defendant has been served or has appeared in the action, whichever occurs first.
(b) The plaintiff may serve a deposition notice without leave of court on any date that is 20 days after the service of the summons on, or appearance by, any defendant. 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.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
California Law Summary
This statute outlines the requirements for providing notice of a deposition in civil litigation. It specifies that:
The notice of deposition must state the date, time, and location,
It must identify the deponent (person being deposed),
It must specify any documents to be produced, if applicable,
For oral depositions, the notice must be served at least 10 days before the deposition date.
Purpose
To ensure fairness and adequate preparation time in civil discovery by providing clear and timely notice of a deposition. This promotes transparency and allows all parties the opportunity to prepare for and participate in the deposition process.
Application
This statute applies whenever a party in a civil case seeks to take an oral deposition. The notice must be timely and complete, providing all required information to the opposing party and the deponent. Failure to comply with the notice requirements may result in postponement of the deposition, objections, or sanctions for improper notice.
Note
If documents are requested to be produced at the deposition, the notice must comply with additional procedural rules, including timeframes for objections and motions to quash. Proper service is essential to enforce compliance.
