Bakersfield California Notice of Motion to Compel Attendance at Deposition

State:
California
City:
Bakersfield
Control #:
CA-5068-KL
Format:
Word; 
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Description

This form is a Notice of a Motion to Compel Attendance at a Deposition. The motion is based on: the notice of motion, the attached memorandum of points and authorities, the record and files of the case, and any further oral or documentary evidence introduced at the hearing of the motion.


A Notice of Motion to Compel Attendance at Deposition is a legal document used in the Bakersfield, California jurisdiction to request the presence of a deponent (a person being questioned under oath) at a deposition. This motion is typically filed by one party to compel another party to attend the deposition. Keywords: 1. Bakersfield, California: This notice pertains to the legal proceedings in the city of Bakersfield, California, and follows the local jurisdiction's rules and regulations. 2. Notice: The document serves as formal notice to the opposing party regarding the motion to compel attendance at a deposition. 3. Motion: The content of the notice contains the party's request or motion to compel attendance. 4. Compel Attendance: The primary objective of this notice is to request and require the presence of the deponent at the deposition. The attending party must answer truthfully while under oath. The Bakersfield California Notice of Motion to Compel Attendance at Deposition doesn't have different types, as it is a standard legal document used to address the issue of a reluctant or non-compliant deponent who fails to cooperate in attending the deposition.

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FAQ

A motion to compel asks the court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient.

Code of Civil Procedure (?CCP?) section 1005 states the amount of time required to give notice of most motions. The moving papers must be personally given to each opposing side at least 21 days before the hearing on the motion, OR mailed to each opposing side at least 26 days before the hearing on the motion.

(3) Response. (A) Time to file. Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.

Objections to the deposition notice (§ 2025.410(a).) The objection must be served on both the party noticing the deposition and all other parties on the proof of service at least 3 calendar days before the date of the deposition. (§ 2025.410(a) and (b).)

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).

A motion to compel asks the presiding probate and family judge to order one party to provide the opposing side with evidence related to the divorce proceedings. Such evidence may include: Deposition testimony. Requests for admissions of undisputed facts.

The motion to compel further responses has to be brought within 45 days of service of the response. (C.C.P. § 2030.300) Sounds simple enough, but it's not. You have to understand when something is deemed served.

Once the court grants the motion to compel, the court will grant the other party a deadline before which the documents or information must be shared. If the person does not respect the order of the court, there may be severe consequences such as the dismissal of the other party's case or being in contempt of court.

(a) Except as provided in subdivision (b), or by any court order, including a case management order, a deposition examination of the witness by all counsel, other than the witness' counsel of record, shall be limited to seven hours of total testimony.

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.

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Bakersfield California Notice of Motion to Compel Attendance at Deposition