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How must a subpoena be served in California?

Once an attorney requests a subpoena, it must be personally served on the subpoenaed party by someone who is over the age of 18 and not a party to the action. Proper service of process cannot be effectuated by mailing the subpoena under California State law.

How long do you have to serve someone after filing in California?

A person is served by mail five days after the papers are mailed and both the person sending the papers and to person to receive the papers are in California. A person is served by mail ten days after the papers are mailed if either the person mailing or the person receiving the papers is outside California.

How much notice do I need to give for a deposition in California?

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).

What does production notice mean?

Notice of Production from Non-Party/Subpoena a request to someone who is not a party in the case (not the other party) to provide copies of documents to you or to produce documents to be copied by you.

How far in advance must a deposition subpoena be served in California?

If it is delivered in person, it must be served at least 10 days before the court date; For a Notice to Attend AND Bring Documents: You must have it served by mail at least 25 days before the court date. If it is delivered in person, it must be served at least 20 days before the court date.

How far in advance must a subpoena be served California?

If it is delivered in person, it must be served at least 10 days before the court date; For a Notice to Attend AND Bring Documents: You must have it served by mail at least 25 days before the court date. If it is delivered in person, it must be served at least 20 days before the court date.

How many days do you have to object to a deposition in California?

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).)

When can you take a deposition in California?

A plaintiff may serve a deposition notice without leave of court on any date that is 20 days after the service of the summons on, or appearance by, any defendant. On motion with or without notice, the court, for good cause shown, may grant to a plaintiff leave to serve a deposition notice on an earlier date.

What is a notice in legal terms?

Notice is the legal concept describing a requirement that a party be aware of legal process affecting their rights, obligations or duties. There are several types of notice: public notice (or legal notice), actual notice, constructive notice, and implied notice.

How do I serve a deposition notice in California?

(3) Any party or attorney of record may be physically present at the deposition at the location of the deponent with written notice of such appearance served by personal delivery, email, or fax, at least five court days before the deposition, and subject to Code of Civil Procedure section 2025.420.

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