Hawaii Notice of Taking Deposition Upon Written Questions

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Hawaii
Control #:
HI-KH-026-05
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A05 Notice of Taking Deposition Upon Written Questions
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FAQ

Skip three lines and enter "Deposition of name of person being questioned." Skip one line and enter "Court Reporter:" justified to the left and the name, address and phone number of the court reporter justified to the right. Set up your word processor to number lines and pages beginning on the second page.

When you receive a subpoena to give a deposition, you are being ordered by the court to participate. In this circumstance, you have no choice but to oblige. Refusing to give a deposition following a subpoena will result in serious legal consequences.

These written questions resemble interrogatories, but they may be addressed to any person or entity, not just persons who are party to the litigation. Before a deposition on written questions is sent to the deponent, it must be sent to the other parties in the lawsuit.

(b) The deposition of an organization that is 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 organization's principal executive or business office in California, or within the county where the action is pending and

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), A§ 1013).

Deposition by written questions is essentially the same as an in-person, oral deposition, only the attorney's questions are written down and approved before the deposed person is required to answer them.

RULE 30(B)(6) SHOULD REQUIRE AT LEAST 30 DAYS' NOTICE IN ORDER TO ENSURE PROPER PREPARATION, AND THE DEPOSITION SHOULD BE SCHEDULED AT A TIME AND DATE AGREEABLE TO BOTH PARTIES. A. Reasonable Notice Is at Least 30 Days Prior to Deposition.

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Hawaii Notice of Taking Deposition Upon Written Questions