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Can I change the Deposition Officer information on the subpoena after I sent out notice?

Chula Vista, CA |
Filed under: Discovery

I prepared a subp-010. I sent a copy of the subp-010 with a subp-025 to the opposing party. Opposing party informally expressed concern via email that using the Deposition Officer named in the subpoena would be a conflict, since he is a family member. In order to avoid any chance of conflict, I found a new Deposition Officer. I provided notice via email and letter to opposing party and the old Deposition Officer.

Question: Can I just change the name & address of the Deposition Officer on the subp-010 and send it off (I waited the 10 days and opposing party has not sent a written objection to subpoena or filed a Motion to Quash) No other changes to subpoena have been made.

Or, do I have to send a new subp-025 with the modified subp-010 to opposing party and wait another ten days.

Attorney Answers 2

Posted

On a practical level, I would usually just contact opposing counsel and ask them if they have an issue with it, and confirm the conversation in a writing. If you are not in a friendly or at least professional basis with the opposition, then you are best served by starting over. The worst case scenario is that everything is delayed even more by objections interposed later. At best you have only lost 10 days right now.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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Posted

Thank you Mr. Pederson. This answers my question. I will err on the side of caution and start all over.

Posted

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

It would be best if you prepare a revised Subpoena form and serve it on the deponent again. If they will waive personal service, perhaps you can send them the revised Subpoena by fax or e-mail. Be sure to consult your own attorney to protect your legal rights.

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Posted

I haven't sent them to the deponent yet. I only sent them to the opposing party (along with the subp-025 - Notice to Consumer/Employee). Do I need to send the modified subpoena back to opposing party and wait another ten days? Or is notice of the change in deposition officer sufficient since nothing material changed in the content of the subpoena?

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