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Does one have to produce documents at a deposition if

Hayward, CA |
Filed under: Litigation

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

Posted

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."

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Frank Wei-Hong Chen

Frank Wei-Hong Chen

Posted

Same answer, YES, if this is a federal court case.

Asker

Posted

So, does one just deliver a pile of documents? Or does one have to explain the relevance of each document? Doe one simply have to say what category it is in?

Frank Wei-Hong Chen

Frank Wei-Hong Chen

Posted

You can just produce the documents in the manner in which you keep such documents in the normal course of business. You do not need to sort them in accordance with each category, nor do you need to explain them prior to the deposition.

Posted

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 advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Consumer Law Office of Robert Stempler, APLC ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Mr. Stempler nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims. Comments made on a public forum, such as Avvo.com, to not have any confidentiality because others may read them. If you desire a private consultation with Mr. Stempler that is confidential, please go to www.StopCollectionLawsuits.com and submit a free eCase Review.

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Asker

Posted

I submitted the evidence as a sworn declaration of evidence before any discovery was ordered. I wanted to put the facts into the case. No one objected and the Judge seemed OK with that.

Posted

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, 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.

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Asker

Posted

Yes. It seems redundant. They already have a lot of it. I am just giving them the same stuff they gave me and then additional new stuff. It seems wasteful. But got to go with the progarm!

Eliz C A Johnson

Eliz C A Johnson

Posted

And at deposition, each page will be gone over and questioned. Tedious thy name is litigation!

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