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In filing a motion to quash deposition subpoenas for production of business or medical records, is meet and confer a

San Jose, CA |

requirement? What are the requirements, if there is any?

Attorney Answers 2

  1. Whether you're a party to a lawsuit or a non-party witness, if you're served with a deposition subpoena that you wish to contest, you must first comply with California's requirement to "meet and confer" with the party serving the subpoena in an attempt to informally resolve any disputes created by the subpoena PRIOR to filing a motion to quash. Failure to do so may subject you to monetary or other sanctions. Discovery of medical and other "consumer" records triggers a whole separate set of rules governing proper notice to the "consumer" whose records are being sought by the subpoena.

  2. You should meet and confer in writing concerning the specifics of your objections, and if available, lay out the legal authority. Additionally, it would be good practice, not always necessary, to have a telephone conversation with opposing counsel.

    I hope this is helpful.

    John N. Kitta

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