SUPERIOR COURT OF THE STATE
OF CALIFORNIA
COUNTY OF ________
- [PLAINTIFF(S) NAMES]
- Plaintiffs,
- v.
-
- [DEFENDANT(S) NAMES]
- Defendants
-
-
- ________________________________
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- CASE NO: _______
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- NOTICE OF MOTION TO COMPEL ATTENDANCE AT DEPOSITION
-
- Date: ______
- Time: ______
- Place: ______
- Trial Date: _____
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To __________ [name of deponent], __________
[name of deponent's
attorney], attorney of record for __________ [deponent], and
to
__________ [names of other parties or attorneys on whom copies
of
deposition notice or subpoena were served]:
PLEASE TAKE NOTICE that at __________
[time], on __________
[date], or as soon after as the matter can be heard, in
__________ [Department _____ or as the case may be] of the
__________ County Superior Court, __________ [court address],
__________ [moving party] will move the court for an order
requiring __________ [deponent] to attend and testify at
__________ [his or her] oral deposition originally scheduled
to
be held on __________ [date], at __________ [time], at __________
[address], __________ [city], __________ County, California.
This motion is made on the grounds that __________ [specify,
for
example: __________ (deponent) failed to attend or testify at
__________ (his or her) deposition as originally noticed. A copy
of the deposition notice is attached to this motion as Exhibit
_____ and incorporated by reference. __________ (Deponent) did
not file written objections or motions in response to the
deposition __________ (notice or subpoena), which was properly
served on __________ (deponent) on __________ (date). The time
for responding to __________ (moving party's) notice expired
on
__________ (date)]. __________ [If production of documents or
things was requested in notice of deposition, add the following:
The notice of deposition requested that __________ (deponent)
produce the following: __________ (list documents or things
requested). Good cause exists to compel the production of such
items, in that __________ (detail facts showing good cause, such
as: the documents sought are relevant to the issue of whether
defendant was negligent, and are essential to preparation of
plaintiff's case. Defendant's refusal to attend the deposition
and produce the items specified in the deposition notice was
without substantial justification]. Pursuant to sections
2025(j)(3) and 2023(b)(1) of the Code of Civil Procedure,
__________ [moving party] will also seek monetary sanctions of
$_____ against __________ [deponent and his or her attorney or
as
the case may be] for reasonable attorney fees and costs incurred
in bringing this motion. Such sanctions are sought on the ground
that there is not substantial justification for __________
[deponent's] conduct in __________ [specify conduct for which
sanctions are sought].
The motion will be based on this notice
of motion, the
attached memorandum of points and authorities, the declaration
of
__________ [name of witness or attorney or as the case may be],
the record and files of this case, and any further oral or
documentary evidence introduced at the hearing of this motion.
Dated __________.
__________________________
[Signature]
Attorney for _____________
[moving party]
