California Sample Letter regarding Deposition
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How to fill out Sample Letter Regarding Deposition?
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FAQ
A subpoena is considered a legal request. However, ignoring this request could lead to serious legal consequences and disciplinary actions. If you are uncomfortable responding to a subpoena, speak with an experienced attorney to understand your options.
Luckily for your clients, depositions (whether video or text) are not usually made part of the public record, unless they're entered into testimony during trial. Since most civil cases are settled out of court, there's a good chance that the deposition testimony will never make it past the attorneys and judge.
Deposition DON'Ts: Guess or speculate. ?I don't know? or ?I can't remember? is acceptable. Be anxious or stressed out. It will affect what you say and how you appear. Be defensive or angry. Never argue with the attorney. Offer information not requested. ... Talk too much or ramble. ... Talk too little. ... Be too extreme.
Your notice must include the name of the deponent, as well as the date, time, and location of the deposition. If the deponent is an organization, describe what matters you will be discussing, so that the organization may appoint a representative with the most knowledge of those issues.
In the case of a deposition, since it must be requested through the issuance of a subpoena, choosing to not give testimony when formally requested may result in punishment for contempt of court, under the provision of Rule CR 37.
The Court Reporters Board (CRB) has received questions regarding the role of the court reporter as it relates to the proper implementation of California Code of Civil Procedure section 2025.290, which limits, with stated exceptions, a deposition to seven hours.
In most types of cases, for the deposition of a party to the case, you must provide at least 10 days' notice if personally served, and 15 days' notice if served by mail within California (California Code of Civil Procedure (CCP) § 2025.270(a), § 1013).
The rules for depositions vary by state and in federal court, but generally, the deponent must answer every question presented, regardless of objection, unless the answer is protected by a privilege or a court order. A deposition will usually be taken before a court reporter authorized to administer oaths.
