Discovery - Sample Letter to Opposing Counsel Regarding Deposition and Subpoena Duces Tecum

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A Deposition Subpoena differs from the Subpoena DucesTecum in that the documents and testimony requested are part of the discovery process before trial and may not be used in an actual court hearing.
Private information. You have a right to refuse any questions about a persons health, sexuality, or religious beliefs (including your own).
During the process, all parties can ask the deponent questions. The lawyers authority to object to the questions is limitedthey cant coach their clients when answering them. This form of deposition is crucial when capturing the witness testimony and observing their possible demeanor during cross-examination.
If served with a subpoena duces tecum to produce documents or materials at a deposition, a witness may file a written objection to the inspection or copying of such documents. If an objection is made, the party issuing the subpoena may not inspect or copy the materials except upon a court order.
ing to Section 1985.3 of the CCP, notice of a motion to quash or modify a subpoena duces tecum must be served on the witness and the deposition officer at least 5 days before the date set for production of the subpoenaed records.
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The opposing attorney has the right to ask a few questions for clarification or rehabilitation, but does not have the right to conduct a lengthy interrogation. 4. After the opponent has asked his or her questions, state that the deposition is ended.
If each of the parties is represented by a different lawyer, each one may be permitted to ask you questions. However, one lawyer must complete his questions before another begins.
Usually the person who requested the deposition will ask questions first. The attorney who represents the person being deposed might ask follow-up questions only to clear up any misunderstandings that may have come up during the initial questioning.

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