Code of Civil Procedure § 2025.270(a) – Scheduling of Oral Depositions
Free Consultation Request
Code of Civil Procedure § 2025.270(a) – Scheduling of Oral Depositions
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
2025.270.
(a) An oral deposition shall be scheduled for a date at least 10 days after service of the deposition notice.
(b) Notwithstanding subdivision (a), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, an oral deposition shall be scheduled for a date at least five days after service of the deposition notice, but not later than five days before trial.
(c) Notwithstanding subdivisions (a) and (b), if, as defined in Section 1985.3 or 1985.6, the party giving notice of the deposition is a subpoenaing party, and the deponent is a witness commanded by a deposition subpoena to produce personal records of a consumer or employment records of an employee, the deposition shall be scheduled for a date at least 20 days after issuance of that subpoena.
(d) On motion or ex parte application of any party or deponent, for good cause shown, the court may shorten or extend the time for scheduling a deposition, or may stay its taking until the determination of a motion for a protective order under Section 2025.420.
(Amended by Stats. 2007, Ch. 113, Sec. 6. Effective January 1, 2008.)
California Law Summary
This statute establishes the timeframe for scheduling oral depositions in civil actions. Specifically, it provides that:
An oral deposition may not be scheduled or taken sooner than 20 days after the service of the summons on any defendant.
Purpose
To protect newly served defendants by ensuring they have adequate time to respond to the lawsuit and prepare for discovery. This provision promotes procedural fairness by preventing premature depositions before a party has had the opportunity to appear and participate meaningfully in the case.
Application
This rule applies to all civil cases where a party seeks to take an oral deposition. No oral deposition may be noticed or conducted within 20 days of serving the summons on any defendant. Violating this rule can result in the deposition being stayed, rescheduled, or subject to a protective order.
