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Sample California motion to compel attendance at deposition

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Information about Sample California motion to compel attendance at deposition
Templates & Forms

Published on March 31, 2014

Author: LegalDocsPro

Source: slideshare.net

Description

This sample California motion to compel attendance at deposition and produce documents is used when a party has failed to attend a duly scheduled deposition. The motion to compel also requests sanctions and is filed pursuant to Code of Civil Procedure section 2025.450 on the grounds that the deponent failed to appear and produce documents and failed to serve any valid objection in a timely manner. The sample on which this preview is based is 13 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail.
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- 1 - NOTICE OF MOTION AND MOTION TO COMPEL ATTENDANCE AT DEPOSITON 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: TO: _____________________________ 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 attend their deposition, and for production of the documents specified in the deposition notice served upon them; and

- 2 - NOTICE OF MOTION AND MOTION TO COMPEL ATTENDANCE AT DEPOSITON 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 2. For an order of sanctions as against ______________________________, in the amount of $____________ for their blatant failure and refusal to appear 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 2025.010 et seq., 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. Dated________________ _______________________________________________ ANY ATTORNEY OR PARTY

- 3 - NOTICE OF MOTION AND MOTION TO COMPEL ATTENDANCE AT DEPOSITON 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 MEMORANDUM 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 appear for examination at deposition, and to produce the documents requested in the deposition notice that was served on them on _________________. A motion to compel a party deponent's attendance must be accompanied by a declaration stating facts showing a reasonable, good-faith attempt at informal resolution of each issue presented. CCP § 2025.520(b)(2). ___________ has herein satisfied that 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 appear for 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. Further ________ failed to serve any valid objection as required by Code of Civil Procedure section 2025.410. To view the sample document on which this preview is based visit: http://www.scribd.com/doc/215450293/Sample-Motion-to-Compel- Attendance-at-Deposition-for-California

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