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The Commission to Take Deposition Outside California (form DISC-030) can be used for clerk-issued or court-ordered commissions under Code of Civil Procedure section 2026.010(f), with litigants making their selection based on the requirements of the particular out-of-state jurisdiction where the deposition is to be ...
You will need to file a petition and submit certain documents. Individuals may need to hire a lawyer for guidance and assistance with the formal petition. Upon receipt of the foreign subpoena, the court clerk will issue a subpoena for service to the individual or entity the original subpoena was directed to.
The location of the deposition of an organization that is a party to the action must occur either within seventy-five (75) miles of the organizations' principal executive or business office in California or within the county where the action is pending and within one hundred and fifty (150) miles of that office.
The party who requests the deposition is responsible for paying the expert's fees. The expert witness's fees will generally consist of an hourly rate for the time spent in the deposition, as well as any time that the expert is required to wait.
Any party may take an oral deposition by telephone, videoconference, or other remote electronic means, provided: (1) Notice is served with the notice of deposition or the subpoena; (2) That party makes all arrangements for any other party to participate in the deposition in an equivalent manner.