California Code of Civil Procedure 2025.260 – (a) A party desiring to take the deposition of a natural person …
(a) A party desiring to take the deposition of a natural person who is a party to the action or an officer, director, managing agent, or employee of a party may make a motion for an order that the deponent attend for deposition at a place that is more distant than that permitted under Section 2025.250. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.
(b) In exercising its discretion to grant or deny this motion, the court shall take into consideration any factor tending to show whether the interests of justice will be served by requiring the deponent’s attendance at that more distant place, including, but not limited to, the following:
Terms Used In California Code of Civil Procedure 2025.260
- Action: includes a civil action and a special proceeding of a civil nature. See California Code of Civil Procedure 2016.020
- Court: means the trial court in which the action is pending, unless otherwise specified. See California Code of Civil Procedure 2016.020
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Will: includes codicil. See California Code of Civil Procedure 17
(1) Whether the moving party selected the forum.
(2) Whether the deponent will be present to testify at the trial of the action.
(3) The convenience of the deponent.
(4) The feasibility of conducting the deposition by written questions under Chapter 11 (commencing with Section 2028.010), or of using a discovery method other than a deposition.
(5) The number of depositions sought to be taken at a place more distant than that permitted under Section 2025.250.
(6) The expense to the parties of requiring the deposition to be taken within the distance permitted under Section 2025.250.
(7) The whereabouts of the deponent at the time for which the deposition is scheduled.
(c) The order may be conditioned on the advancement by the moving party of the reasonable expenses and costs to the deponent for travel to the place of deposition.
(d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to increase the travel limits for a party deponent, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)