Legal Question in Civil Litigation in California

If you notice a deposition and then decide it is unecessary, how much time is needed to alert the other side that the depo will not be happening. is there a certain form that needs to be used?


Asked on 12/09/10, 11:40 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You will need to give enough notice that they won't claim they incurred attorney fees or costs (if you are a pro per up against lawyers, they will). A letter giving a few days notice, or as much notice as possible, will do. Fax or email it.

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Answered on 12/14/10, 11:47 am

There is no form. There is also no official time limit, but as Mr. Stone notes, you may face claims for fees and costs if you wait too long.

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Answered on 12/14/10, 12:06 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick, there is no form, and there is no time limit set forth in the Discovery Act. Attorneys frequently notify all parties that a deposition will not go forward by letter, usually sent via facsimile and U.S. Mail.

If someone doesn't know and shows up, you can get sanctioned for noticing a deposition and then not going forward.

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Answered on 12/14/10, 4:55 pm


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