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

Oakland, CA |
Filed under: Divorce Business

For production of business records/subpoena

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Attorney answers 3

Posted

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.

Posted

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.

Asker

Posted

That was my sense...have you been successful in quashing a subpoena based on your objection to the attorney of the party acting as deposition officer?

Gary Stephen Brown

Gary Stephen Brown

Posted

Every time it has come up the attorney used another to handle the production. It would be pointless for them to have received items that can later be challenged.

James Carl Eschen III

James Carl Eschen III

Posted

I concede.

Gary Stephen Brown

Gary Stephen Brown

Posted

I never battle with my colleagues. Frankly, I continue to learn as we share information. :)

Posted

Nope. Must be a different party.

If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

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