Deposition Notice
(Organizational Representative) (CA)

Summary

This form may be used to notify the parties of the intention to take the oral deposition of a deponent that is a corporation or other entity in a civil action in California superior court. It also includes an optional paragraph for use if the deponent is required to produce documents, electronically stored information (ESI), or other tangible things at the deposition. This template includes practical guidance, drafting notes, and alternate and optional paragraphs. For a full listing of key content covering depositions in California state court litigation, see Deposition Resource Kit (CA). For a notice of deposition of an individual deponent, see Deposition Notice (Individual Deponent) (CA). If the deponent is not "a natural person" (i.e., is a corporation, partnership, association, or other entity), the notice must include a description with reasonable particularity of the matters on which examination is requested, which triggers the organizational deponent's duty to designate persons who are qualified to testify as to these matters to attend and testify on the organizational entity's behalf. See Cal. Code Civ. Proc. § 2025.230. In most circumstances, it is advisable to consult with the opposing party about available dates for deposition before serving a deposition notice. If it is not possible to do so, which occurs frequently when an entity is being deposed and may need to designate more than one witness, be prepared to adjust the deposition schedule. The party noticing the deposition must serve the deposition notice on all parties who have appeared in the action. The deposition notice, or the accompanying proof of service, must list all the parties or attorneys for parties on whom it is served. Cal. Code Civ. Proc. § 2025.240(a). For discussion of service procedures, see Filing and Serving Documents Other Than Initial Complaint and Summons (CA). Service of a deposition notice is effective, without the need for a subpoena, to require any party to attend and testify at the deposition and to produce any document, ESI, or tangible thing for inspection and copying. Cal. Code Civ. Proc. § 2025.280(a). If the entity deponent is not a party, a deposition subpoena commanding the deponent's attendance must be served on the deponent, and a copy of the subpoena must be served on the other parties along with the deposition notice. See Cal. Code Civ. Proc. §§ 2020.010, 2020.020, 2025.240(c), 2025.280(b). For procedures relating to deposition subpoenas for nonparty deponents, including preparation of the mandatory Judicial Council form of subpoena, see Discovery Subpoenas: Drafting, Issuing, Serving, and Enforcing (CA) and Discovery Subpoenas: Drafting, Serving, and Enforcing a Subpoena Checklist (CA). If the deponent is a nonparty witness commanded by subpoena to produce personal records of a consumer or employment records of an employee, the deposition notice must also be served on that consumer or employee, together with a copy of the deposition subpoena and a notice of privacy rights under Cal. Code Civ. Proc. § 1985.3(e) (personal records) or Cal. Code Civ. Proc. § 1985.6(e) (employment records). Cal. Code Civ. Proc. § 2025.240(b). If the deposition will be conducted by remote means, include notice of the means and, when possible, a link and/or login for the videoconference. See Cal. Code Civ. Proc. § 2025.310(a); Cal. Rules of Ct., Rule 3.1010. If the deposition will be conducted using instant visual display, a copy of the deposition notice must also be given to the deposition officer. Cal. Code Civ. Proc. § 2025.220(a)(5). Neither the deposition notice nor any of the accompanying documents (e.g., deposition subpoena, notice to the consumer or employee, etc.) are to be filed with the court, unless offered as relevant to a law and motion proceeding or other hearing or ordered filed for good cause. See Cal. Rules of Ct., Rule 3.250(a)(1)–(6). Instead, the serving party retains the original and the original proof of service until six months after final disposition of the case, unless otherwise ordered by the court for good cause. See Cal. Rules of Ct., Rule 3.250 (b). The deposition notice should set forth the statutorily required contents (described in the drafting notes to this form) in at least 12-point type. See Cal. Code Civ. Proc. § 2025.220(a). The notice should also comply with the usual format requirements for litigation documents in superior court. See Formatting Rules in Court Checklist (CA). For a full listing of key content covering fundamental civil litigation tasks throughout a California state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (CA). For additional discussion of procedures for noticing a deposition, including timing restrictions on scheduling a deposition and requirements regarding location of the deposition, see Depositions: Drafting and Serving a Notice of Deposition (CA).