How much notice do I need to give for a deposition in California?
Step 1: Determine the Date and Location of the Deposition 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) \xa7 2025.270(a), \xa7 1013).
Can you refuse to be deposed in a divorce case?
If you refuse after being ordered by the court to give a deposition, you would likely be found in contempt of court, leading to dire consequences. On top of that, you would still be forced into the deposition.
What is a deposition in divorce court?
A deposition is used during the discovery phase of divorce proceedings. It provides the parties in the divorce with the ability to gain information relevant to the case. Depositions are conducted outside of a courtroom, but the information can be used at trial and a court reporter is present to record what happens.
What should you not say in a deposition?
Answer Only the Question Presented. No question, no answer. A deposition is not a conversation. In this respect, be on guard when listening to the questions – do not let the examiner put words in your mouth and do not answer a question that includes incorrect facts or statements of which you have no knowledge.
What is the next step after deposition?
Once an attorney has taken depositions, there are a few more steps before the case proceeds to court: Discovery continues. Depositions often reveal further details or witnesses in a case. Because of this, attorneys often need to do further investigation, follow up on new facts, and depose additional witnesses.
What comes after a deposition in a lawsuit?
After depositions are complete, your lawyer will update or change your strategy going forward as needed, based on the information gleaned from the key witness interviews. An attorney may need to look into the information further and possibly call other witnesses to depose as well. Only then can the lawsuit proceed.
Can I refuse to answer a question in a deposition?
In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information or the court previously ordered that the information cannot be revealed (source). However, there are certain types of questions that do not have to be answered.