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Commission To Take Deposition Outside California Without Consent
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California
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CA-DISC-030
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FAQ
The rule is clear: Federal Rule of Civil Procedure 45 limits trial subpoena power to non-party witnesses located within a 100-mile radius of their courts.
Disobedience to a subpoena, or a refusal to be sworn, or to answer as a witness, or to subscribe an affidavit or deposition when required, may be punished as a contempt by the court issuing the subpoena.
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.
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.
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 ...
