California Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice

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The Federal Rules of Civil Procedure have been adopted by most states in one form or another. Rule 26 provides in part:



(A) forbidding the disclosure or discovery;

(B) specifying terms, including time and place, for the disclosure or discovery;

(C) prescribing a discovery method other than the one selected by the party seeking discovery;

(D) forbidding inquiry into certain matters, or limiting the scope of disclosure or discovery to certain matters;

(E) designating the persons who may be present while the discovery is conducted.

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  • Preview Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice

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FAQ

While both are pre-trial devices, summary adjudication differs from summary judgment in that the latter disposes of the entire case, whereas summary adjudication resolves selected issues, leaving the remaining ones to be settled at trial.

All responses to statements of undisputed material facts offered by the opposing party under Local Rule 56.1(b)(3)(B), or responses to statements of additional facts offered by the moving party under Local Rule 56.1(a), shall be in a format similar to that used in answering a complaint: that is, the response must ...

In particular, Rule 56(d) provides that a court may deny a summary judgment motion and permit the opposing party to conduct discovery where it appears that the opposing party, in the absence of such discovery, is unable to present facts essential to opposing the motion.

Location of Deposition The location of the deposition of a natural person must occur either within seventy-five (75) miles of the deponent's residence, or within the county where the action is pending and within one hundred and fifty (150) miles of the deponent's residence.

Notice of a summary judgment motion, as well as the papers in support of the motion, must be filed with the court and served on all parties at least 75 calendar days before the scheduled hearing date of the motion. All papers opposing a motion must be served and filed not less than 14 days before the hearing date.

Section 2025.250 - Place for taking deposition (a) Unless the court orders otherwise under Section 2025.260, the deposition of a natural person, whether or not a party to the action, shall be taken at a place that is, at the option of the party giving notice of the deposition, either within 75 miles of the deponent's ...

Reasons to File a Motion to Dismiss in California Insufficient Evidence. In a criminal trial, the prosecution must prove the charge against the defendant beyond any reasonable doubt. ... Statute of Limitations. ... Violation of the Right to a Speedy Trial. ... Double Jeopardy. ... Errors in Filing the Complaint. ... Other Reasons.

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).

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California Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice