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Does one have to produce documents at a deposition if

Hayward, CA |

they have already been produced earlier?

I submitted the documentary evidence to the court by declaration stating what they were being submitted in proof of. The Defendant received a copy of every declaration and it is also available on PACER.

Attorney Answers 3

  1. Yes, if the notice of taking deposition also requests that you produce documents.

    Code of Civil Procedure section 2025.220 (a) (4) does require that the noticing party specify "with reasonable particularity of any materials or category of materials to be produced by the deponent."

  2. If the deposition notice specifies that you bring documents, then unless the documents sought are objectionable and you intend to properly assert those objections, you need to bring them with you to the deposition. Otherwise, you may cause a delay in the deposition or force the deposition to reconvene a second time.

    Responses to discovery, including document production, are not supposed to be filed before trial with the court, except as needed in support of or opposition to a motion. There may be a few exceptions, but that's the general rule. If you do file any documents, you should also consider redacting (blacking or whiting out) private numbers, such as Social Security Numbers, account numbers, and date of birth, to protect people's privacy and prevent identity theft.

    Robert Stempler (please see DISCLAIMER below)

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  3. It seems redundant and that is why you are asking. Why go through it again. As stated above, because it is required. Evidence and discovery is not on PACER unless there is a motion related to it.

    Use the web site to find an attorney in your area. In addition to that, contact your local bar association for referral to an attorney who specializes in this. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!

    If you liked this answer, click on the thumbs up! Thanks. Eliz. C. A. Johnson Post Office Box 8 Danville, California 94526-0008 Legal disclaimer: I do not practice law in any state but California. As such, any responses to posted inquiries, such as the one above, are limited to a general understanding of law in California and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information.