Does one have to produce documents at a deposition if

Asked over 3 years ago - 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. Robert Harlan Stempler

    Contributor Level 19

    Answered . 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)
    www.StopCollectionLawsuits.com

    NOTICE: The above statements are provided for general information purposes only and are not intended as legal... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

    Answered . 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."

  3. Eliz C A Johnson

    Contributor Level 17

    Answered . 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 AVVO.com 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,... more

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