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Any Attorney or Party
Any Street
Any Town, CA 5...
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the deposition, and for production of the docum...
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NOTICE OF MOTION AND MOTION TO COMPEL-DEP...
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Sample motion to compel deposition subpoena in california

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This sample motion to compel compliance with a deposition subpoena in California is designed to be used when one party to a legal action has served a deposition subpoena for production of business records on a NON-PARTY to the action pursuant to Code of Civil Procedure Section 2020.510 and requested both their attendance at the deposition and production of documents and they failed to appear for the deposition, yet the NON-PARTY failed to appear at the deposition. This sample motion to compel is made pursuant to Code of Civil Procedure Section 2025.450 and requests that the court compel the non-party deponent to appear for deposition and produce the documents requested in the deposition subpoena for production of business records. The sample on which this preview is based is 16 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample meet and confer declaration and proof of service.

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Sample motion to compel deposition subpoena in california

  1. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party Superior Court of the State of California For the County _________________ Any Plaintiff, Plaintiff, vs. Any Defendant, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF MOTION AND MOTION TO COMPEL ATTENDANCE AT DEPOSITION AND PRODUCTION OF DOCUMENTS, AND FOR MONETARY SANCTIONS IN THE AMOUNT OF $_________, MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION OF __________, EXHIBITS DATE: TIME: DEPT: 1TO: _____________________________ AND THEIR ATTORNEY OF RECORD HEREIN: PLEASE TAKE NOTICE that on ____________, 20___, at _______.m. or as soon thereafter as the matter may be heard, in Department ________ of the above-entitled court, located at __________________________, ___________________________will and hereby do move this Court: 1. For an order compelling ___________________________ to appear and testify at - 1 - NOTICE OF MOTION AND MOTION TO COMPEL-DEPOSITION SUBPOENA
  2. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the deposition, and for production of the documents specified in the deposition subpoena for attendance at deposition and for production of business records duly served upon them; and 2. For an order of sanctions as against ______________________________, in the amount of $____________ for their blatant failure and refusal to answer any questions at the duly noticed deposition and produce documents. This motion is brought pursuant to Code of Civil Procedure Section 2025.450 on the grounds that ___________ failed to appear for their duly noticed deposition on ____________ and did not serve any valid objection on the moving party. The moving party further requests pursuant to Code of Civil Procedure section 2025.450(g)(1), the sum of $___________ in sanctions against _____________________. This Motion is made upon the grounds that ____________ provided proper notice of the deponents’ deposition in a timely manner in accordance with Code of Civil Procedure section 2020.510 by serving a deposition subpoena for attendance at deposition and for production of business records and ______________ refused to appear for their duly noticed deposition. This motion is based upon this notice, the attached memorandum of points and authorities, declaration of _____________, and exhibits, and upon such oral and documentary evidence as may be presented to the Court by _________________ at the time of the hearing. Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. Do NOT ask for attorney’s fees if you are not represented by an attorney. 1Dated________________ _______________________________________________ ANY ATTORNEY OR PARTY - 2 - NOTICE OF MOTION AND MOTION TO COMPEL-DEPOSITION SUBPOENA
  3. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - NOTICE OF MOTION AND MOTION TO COMPEL-DEPOSITION SUBPOENA

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