If I want to file a motion for protective order in response to a deposition, how many days notice do I need to give? Code of Civil Procedure 1005 says at least 16 court days for motions that require notice, but I don't see anything in Code of Civil Procedure 2025.420 that says notice is required.
Notice IS required. If there is not enough time before the deposition, you can bring an ex parte motion shortening time for notice, or staying the deposition until the motion can be heard.
Before racing into court on an ex parte application, you should write opposing counsel and try to work out a resolution. The judge will ask whether you tried to do so before filing your motion. Understand that CCP 2025.420 is supplemented by the other relevant sections of the CCP. Hence, while 2025 may not mention notice requirements, if you run a foul of them, your motion will be denied. So consult with an attorney familiar with the procedural requirement.
Motion for protective order requires a notice. You best read up on the CCP, the state rules of court, and local rules of court, so you dont get yourself in a jam. You need to file timely objections, and then meet and confer before filing your motion.
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