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

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?

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Attorney answers 3

Best Answer

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.


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).

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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 information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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