I am wondering if the subpoena party attorney can act as the deposition officer? or does it have to be a different attorney?

Asked about 1 year ago - Oakland, CA

For production of business records/subpoena

Attorney answers (3)

  1. Gary Stephen Brown

    Contributor Level 10

    3

    Lawyers agree

    1

    Answered . I always object to the attorney for the party acting as the deposition officer using the language of section 2020.420 that, "The deposition officer shall not be financially interested in the action, or a relative or employee of any attorney of the parties." It seems clear to me that if people related to the attorney cannot act as the deposition it follows that the attorney cannot. The point is that the process requires no doubt about what was produced so the mere concern should not exist.

    The advice provided is in good faith but not a guaranty of accuracy under all circumstances.
  2. Cathleen Elisabeth Norton

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . Nope. Must be a different party.

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  3. James Carl Eschen III

    Contributor Level 16

    2

    Lawyers agree

    Answered . Yes. The deposition officer may be either a registered photocopier or someone who is exempt from the registration requirements. One of the exemptions is for members of the State Bar.

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