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  1. #1
    dixiethepixie is offline Junior Member
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    Jan 2005
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    What's the best was to depose an out-of-state witness?

    What is the name of your state? California

    Hi! Thanks for being here!

    The opposing party in my case has filed a declaration that is at best inadmissable. It is based upon belief with no first-hand knowledge, and the opposing party's case is based soley upon the declarant's testimony. I think that the opposing party thinks they have a shot cuz I'm pro per, but hey, everyone's entitled to their opinion!

    I want to depose the declarant, but she is out-of-state. I have heard that it is difficult to enforce subpoenas, and I'd rather not foot the bill for travel expenses. I suppose I could fly out there and hire a court reporter, but what about a written deposition? I haven't found much information about them in the code. How are they normally done? What is a normal heading?

    Again, thanks much. These are strange waters...
  2. #2
    Alias_joe is offline Member
    Join Date
    Feb 2005
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    Never served a written depo- though I have answered one.

    You sued, right?

    Does your court have jurisdiction on the person?

    If so, you could depose over the phone if you want. Otherwise:

    They are a party(?)
    admissions!!!!
    Then follow up with very selctive interrogatories.

    Is there a maximum number of admissions you can serve in Calif?
    Get a copy of your Rules-
    [url]http://www.courtinfo.ca.gov/rules/[/url]
    [url]http://www.nocall.org/rulesof.htm[/url]

    Don't travel for a deposition without a written agreement that they will be present. Otherwise, when they aren't what are you going to do? Motion to Compel- a little late. Think the judge will make them pay? Doubtful.
  3. #3
    I AM ALWAYS LIABLE is offline Senior Member
    Join Date
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    Los Angeles, California
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    38,166
    Quote Originally Posted by dixiethepixie
    What is the name of your state? California

    Hi! Thanks for being here!

    The opposing party in my case has filed a declaration that is at best inadmissable. It is based upon belief with no first-hand knowledge, and the opposing party's case is based soley upon the declarant's testimony. I think that the opposing party thinks they have a shot cuz I'm pro per, but hey, everyone's entitled to their opinion!

    I want to depose the declarant, but she is out-of-state. I have heard that it is difficult to enforce subpoenas, and I'd rather not foot the bill for travel expenses. I suppose I could fly out there and hire a court reporter, but what about a written deposition? I haven't found much information about them in the code. How are they normally done? What is a normal heading?

    Again, thanks much. These are strange waters...

    My response:

    File your Motion for Written Deposition under CCP section 2025(i)(6).

    IAAL
  4. #4
    dixiethepixie is offline Junior Member
    Join Date
    Jan 2005
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    6

    Thank you... Procedure related to written deposition?

    Hi! I'm in sunny California...

    Thanks for your responses!

    Replies and questions for "Alias Joe"

    Yes, I am being sued and have filed a cross-complaint.

    How do you depose over the phone? Does the court reporter sit with the deponent? Does the opposing party's attorney help with the arrangements? I could just schedule something with the oppositing party's attorney...

    Yes, I have used up all of my 35 interrogatories... I can find in the code no limit to the number of admissions, just a limit to interrogatories.

    No, the declarant is not a party to the action. The party is a corporation and she works for them.

    Question for "IAAL":

    So this is something the court needs to hear before proceeding? Can I file this motion ex parte? (Probably not) What is included in the motion? The suggested date? Does the court order the party to be deposed?

    Thanks, both of you, ever so much....

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