What are the distance rules of a deposition in California? Trying to choose a lawyer.

Asked over 1 year ago - Madera, CA

I am being sued in a county three hours away from me.
This seems to influence the cost of deposing someone.
I could choose a lawyer in the county where a suit has been filed against me or someone closer to myself.
People I would have to depose are far from me and I assume this will influence the cost of litigation.
A lawyer close to me would have to travel partway while I think a lawyer in the county of the suit would have the right to pull people in without travel. Or am I wrong?

Attorney answers (3)

  1. Michael Raymond Daymude

    Pro

    Contributor Level 20

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    Answered . I would retain counsel in the county where suit is filed. In most cases, it's substantially cheaper for the client to spend his time traveling than the lawyer. Or, perhaps a motion for change of venue would be appropriate.

    With respect to depositions unless the court orders otherwise, a deposition of a natural person must take place within 75 miles of their residence, or within the county where the action is pending and within 150 miles of the deponent's residence. Civ. Proc. Code sec. 2025.250(a).

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. Adrienne Patricia Allen

    Contributor Level 15

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    Answered . I agree. You should choose an attorney in the county where the suit is filed. It could be quite expensive to have your attorney travel. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  3. Nicholas Basil Spirtos

    Contributor Level 20

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    chosen by asker

    Answered . Unless you have a relationship with an attorney already, you might do better finding one that is local to the court where the action is pending. Out of town attorneys sometimes get "home-towned" meaning that a local attorney who is known to the Court might get better treatment then someone who does not practice in the area.
    If you hire an attorney in your area, you might be able to work something out for him or her to use local counsel as much as possible to cut down on costs.

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