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Ray
Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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California notice of deposition

Customer Question

California notice of deposition
Submitted: 4 months ago.
Category: Legal
Customer: replied 4 months ago.
As a Pro Se litigant, I just need to know if I'm able to serve the opposing counsel (parties) via mail or if email is allowed. Of course, most service has been completed digitally
Expert:  Ray replied 4 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 4 months ago.

You can serve it on the lawyer here by certified mail.I strongly recommend you try for an agreed date by calling counsel for other party and telling them you want to depose the client and how long you anticipate it taking and can you agree to a date and time.Thats reasonable and in return if they want to depose you they will do likewise.This is a more professional way to do it even though the law doesn't require it.

Reference

If deposing a party:

A photocopy of the notice of taking of deposition must be served on the attorney for the deponent or

directly to the deponent if he or she is self

-represented (

in pro per

). Copies must also be served on all

other attorneys or self

-represented parties

who have appeared in the case, as all attorneys and self

-

represented parties are entitled to attend the deposition and question the deponent.

CCP § 2025.240

.

Service may be completed by mail, by a person over the age of 18 who is not a party to the case. The

person serving your requests must complete a

Proof of Service by First Class Mail

(POS

-030)

. For

more information, see the

Step -by-Step guide on

Proof of Service by Mail on our website

at

www.saclaw.org/mail

-service

.

If deposing a non-

party witness

A photocopy of the subpoena (SUBP

-015 or SUBP

-020) must be personally served on the deponent.

The person performing this personal service will complete the Proof of Service on the second page of

the subpoena form. For more information, see the

Step -by-Step guide on Personal Service of Court

Papers on our website at

www.saclaw.org/personal

-service

.

A photocopy of

both the subpoena and

the notice of taking of deposition must be served all attorneys

or self

-represented parties in the case (

CCP § 2025.240

). Service may be completed by mail, by a

person over the age of 18 who is not a party to the case. The person serving your

documents

must

complete a

Proof of Service by First Class Mail

(POS

-030)

. For more information, se

e the Step-

by-

Step guide on Proof of Service by Mail on our website at

www.saclaw.org/mail-service

.

http://saclaw.org/wp-content/uploads/sbs-discovery-depositions.pdf

If you are using a local court reporter here then they will send the subpoena after you agree to a time with other lawyer.Understand you are liable here for the court reporter fees for your depositions.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Customer: replied 4 months ago.
Most of the documents in my situation have been served electronically, and should be permitted to be served via email to the opposing counsel. I will be deposing the parties, which will not require subpoena or personal service
Expert:  Ray replied 4 months ago.

So you can send the subpoena to the lawyer electronically too. I would try to coordinate a date here if you can.

Customer: replied 4 months ago.
Thank you! I will not need a subpoena, as I am only deposing the parties involved. I'm still unsure if notices of Deposition to the attorneys can be emailed, but I'm prepared to serve by mail also.
Expert:  Ray replied 4 months ago.

You can do this by agreement and mail to the lawyer.Usually they are grateful to scheduling this when it is agreeable and it eliminates restribution.I mean leagally you can set it for 8:00 am but reality is they can do that to you too and cause hardship for you.So try to work it out.Ask for dates/time or suggest some and get agreement.Then send the notice.

Thanks/