This sample motion to compel compliance with a deposition subpoena in California can be used when a party 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. This sample motion 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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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.
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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
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NOTICE OF MOTION AND MOTION TO COMPEL-DEPOSITION SUBPOENA

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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________________ _______________________________________________
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NOTICE OF MOTION AND MOTION TO COMPEL-DEPOSITION SUBPOENA

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ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION TO COMPEL-DEPOSITION SUBPOENA

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1MEMORANDUM OF POINTS AND AUTHORITIES
I.
PRELIMINARY STATEMENT
___________________________________________, (“the moving party”) hereby submits
their memorandum of points and authorities in support of this motion seeking an order compelling
__________________________, (“________________”) to testify at their deposition, and to
produce the documents requested in the deposition subpoena for attendance at deposition and for
production of business records that was served on them on _________________.
___________ has satisfied the meet and confer requirement as the declaration of _______
and exhibits attached thereto show the diligence of the moving party in attempting an informal
resolution of this matter without the need for judicial intervention.
This motion should be granted because the moving party has properly completed a good
faith meet and confer effort regarding the failure of __________ to attend their deposition and
produce documents. Despite the fact that counsel for moving party sent several meet and confer
letters to _____________________, no response has been received by counsel. Their refusal to
appear for the deposition and produce documents is an abuse of the discovery process and they
must be held to answer for it.
To view the sample document on which this preview is based visit:
https://www.scribd.com/doc/270894646/Sample-Motion-to-
Compel-Compliance-with-Deposition-Subpoena-in-California
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NOTICE OF MOTION AND MOTION TO COMPEL-DEPOSITION SUBPOENA