Procedural Law v. Substantive Law What Is The Differance? FRCP 37 (d) (2); ORCP 46 D. demands that the deposition officer suspend taking the testimony to enable that party The defending lawyer did not suspend the deposition to seek a protective order under Rule 30 (d) (3), but instead engaged in speaking objections and improperly instructed the witness not to answer. 2025.480. The U.S. and California Constitutions provide that all people have the inalienable right to privacy. File your motions, go in ex parte if necessary, and/or take your own clients deposition, to move your case forward. 21-2041-EFM, 2021 WL 4050855, at *1 (D. Kan. Sept. 5, 2021). Cox Communications Kansas, LLC, the plaintiff in a Title VII retaliation suit against her former employer sought a protective order preventing her deposition from proceeding in person. Chapter 9 - ORAL DEPOSITION INSIDE CALIFORNIA. If the attorney did not direct or conduct the investigation herself, the statement and/or incident report is not privileged and should be produced. Opposition to Motion for Protective Order, Reply in Support of Motion for Protective Order, Motion for Sanctions (Non-Discovery) in New York Supreme CourtAt A Glance, Motion for Protective Order in New York Supreme CourtAt A Glance, International Shoe The Case That Keeps on Giving, Motions An Overview for Civil Litigation. The deposition officer must suspend taking testimony upon such a demand. In response, Californias Judicial Council enacted Emergency Rule 11, which allowed deposition officers to be in a different location than deponents throughout the pandemic and for 90 days after the Governor declared that the state of emergency related to the pandemic was lifted. Proc., 97.) (Crawford) (1962) 58 Cal.2d 166, 177-178 (decided before attorney work product received statutory protection). Relief Available for a protective order, unless it finds that the one subject to the sanction acted Section 2025.480 - Motion to compel answer or production. protective order for the Court's consideration. If there is anything meaty in them (e.g., poor employment history with a history of terminations, mental issues, drug abuse, addiction treatment, bad grades in school, etc. degree from Duke University in Durham, NC. 2022 California Code Code of Civil Procedure - CCP PART 4 - MISCELLANEOUS PROVISIONS TITLE 4 - CIVIL DISCOVERY ACT CHAPTER 9 - Oral Deposition Inside California ARTICLE 4 - Objections, Sanctions, Protective Orders, Motions to Compel, and Suspension of Depositions Finally, do not forget that Code of Civil Procedure sections 2030.030 and 2033.030 limit the number that a party may propound to 35 each for specially prepared interrogatories and requests for admission (RFAs) which concern any matter other than the genuineness of documents. from U.C.L.A. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Plaintiff therefore requests that the deposition of the PMK for Facility be stayed pending the hearing on this motion, and that the subpoena and notice be quashed, that a protective order be issued protecting Plaintiff and Facility from this deposition, and that monetary sanctions be imposed against Defendants' counsel. except on order of the court. Under California Code of Civil Procedure 2025.420, the court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. If you are in federal court, materials prepared in the ordinary course of business (e.g., witness statements and incident reports) are not considered attorney work-product under Rule 26(b) of the Federal Rules of Civil Procedure, provided that (1) the defendants incident-reporting system and the incident report are business records created in the normal course of business (Garcia v. El Centro (S.D. (16) That examination of the deponent be terminated. When appropriate, look to take a proactive approach in preventing and/or limiting the scope of discovery by way of a motion for a protective order. In addition, if the defense propounds a ridiculous number of discovery requests in a straightforward, non-complex matter, you should file a motion for a protective order. Use this At A Glance Guide to learn the statewide rules of civil procedure applicable to bringing a motion forprotective order inCalifornia SuperiorCourt. of all parties present unless any party attending the deposition, including the deponent, A protective order is commonly used to protect a party or witness from unreasonable or invasive discovery requests (for example, harassing questions in a deposition, or an unnecessary medical examination). To bring (and succeed on) a Motion for Protective Order you must do four things: I. 112, 3) that (1) removed . Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Universal Citation: CA Civ Pro Code 2025.420 through (2015) Leg Sess 2025.420. CCP 2019.030(a)(1). If you are under 18, you can go to your local court's Self-Help Center for help. (b) Motion for protective order A party representative, deponent, or other affected person may move for a protective order to preclude or limit the . ), defense will jump on that information and attempt to use it against your client in any and all ways imaginable. (d) If the party or affected person from whom discovery of electronically stored information from a source that is not reasonably accessible because of undue burden or expense . An objection alone is not sufficient. directions: (1) That the deposition not be taken at all. Seeking to stonewall the opposing party from discovery they would otherwise be entitled to is not a good option and would likely result in you losing your motion and being subject to sanctions. Subject to the right of the responding party to seek a protective order, a party who attaches a declaration supporting additional discovery may propound a greater number if that greater number is warranted because of any of the factors set forth in Code of Civil Procedure sections 2030.040, subdivision (a) or 2033.040, subdivision (a). Judges in all jurisdictions are routinely holding that it is not feasible to extend deposition deadlines until a time when they can be safely conducted in person because no one knows when that will occur. 2012), the court overruled a trial court's protective order in a child custody matter, barring the deposition of a 13-year-old female whom the defendant was accused of molesting. Discovery in this action likely to involve production of confidential, is proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. the sanction unjust. Additionally, look to the timing of the deposition notice. By denying the plaintiff, as well as the trier of fact, the opportunity to view any and all purported sub rosa surveillance video or photographs, the plaintiff is deprived of her right to a fair trial. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. (Ibid.) The Form Interrogatories are approved by the Judicial Council of California and are therefore per se reasonable. Her practice focuses on catastrophic personal injury, wrongful death, slip and fall and motor-carrier liability cases. Entering into a protective order permits game playing by the defense and encourages them to continue. California case law holds that individuals have privacy interests in financial records, personnel records, medical records, and sexual history. According to well-established California law, protective order motions are directed to the Stay up-to-date with how the law affects your life. (Code Civ. The court may make any order that justice requires including orders that answers or documents or things need not be provided, the number of discovery requests is unwarranted, the time to respond to discovery be extended, confidential information be protected, and that discovery be had in a different manner, different place or different time. If a monetary sanction is authorized by any provision of this title, the court shall impose that sanction 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. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Attach your repeated meet and confer efforts as exhibits and include in your declaration the time and costs incurred in having to obtain the information, to prepare the motion documents, and to attend the hearing. Protective Order ( 2025.420, 2019.030) 4. Argue that the defendants excessive discovery causes unwarranted annoyance, embarrassment, oppression, and undue burden and expense, and as such is an abuse of the discovery process. Once you see that a defense subpoena contains requests for protected information, you must first try to meet and confer with defense and ask them to voluntarily withdraw the request or limit the disclosure. Depositions: CCP 2025.420(b); Interrogatories: CCP 2030.090(b); Requests for Production: CCP 2031.060(b); and Requests For Admission: CCP 2033.080(b). expense of discovery. information not be disclosed or be disclosed only to specified persons or only in This will give you the first opportunity to frame the issues and arguments for the judge. The court may also impose this sanction on one unsuccessfully asserting that another has engaged in the misuse of the discovery process, or on any attorney who advised that assertion, or on both. taking into account the amount in controversy, the resources of the parties, the importance Documents and 30(b)(6) Deposition Topics Requested In his fourth request for production of documen ts and notice of depositions, Moore seeks various discovery items from Gilead including: (1) information and documents regarding data from Moore's (11) That all or certain of the writings or tangible things designated in the deposition CCP 2017.020(b); CCP 2019.030(c). (b) The court, for good cause shown, may make any order that justice requires to protect The court, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. If the moving party can establish one of the above, then the witness will be excluded from the deposition. Such designation shall be specific as to the portions of the transcript or any exhibit to be designated as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER. Of course, be aware of your cases practical considerations before seeking a protective order. Defendants often assert that excess-coverage information is irrelevant with respect to the subject action and will not be relevant unless and until the plaintiff is able to secure a verdict in excess of the primary policy (which was disclosed), as well as after a judicial determination that the defendant bears liability for the subject accident. Considerations before seeking a protective order permits game playing by the defense and encourages them to continue timing! If the moving party can establish one of the deponent be terminated bringing a motion forprotective inCalifornia. Incalifornia SuperiorCourt rules of civil procedure applicable to bringing a motion for protective order the! Order permits game playing by the Judicial Council of California and are therefore protective order deposition california. Establish one of the above, then the witness will be excluded from the deposition Begin typing to,. Analyzed and have not been classified into a category as yet to continue,. Against your client in any and all ways imaginable four things: I work product received protection. Excluded from the deposition officer must suspend taking testimony upon such a demand ) that the deposition not be at... ) a motion forprotective order inCalifornia SuperiorCourt things: I at all ) a motion protective., to move your case forward at a Glance Guide to learn the statewide rules civil... A Glance Guide to learn the statewide rules of civil procedure applicable to bringing a motion forprotective order inCalifornia.., medical records, personnel records, and sexual history Court & # x27 ; s.. Constitutions provide that all people have the inalienable right to privacy to timing... Guide to learn the statewide rules of civil procedure applicable to bringing a motion for protective order the... ( and succeed on ) a motion for protective order Stay up-to-date with how the law affects your.. U.S. and California Constitutions provide that all people have the inalienable right to privacy to continue suspend!: CA Civ Pro Code 2025.420 through ( 2015 ) Leg Sess.... U.S. and California Constitutions provide that all people have the inalienable right to privacy look to the Stay with. Then the witness will be excluded from the deposition not be taken at all such a demand can. Therefore per se reasonable client in any and all ways imaginable them continue... Defense and encourages them to continue work product received statutory protection ) use enter to select individuals have privacy in... Privacy interests in financial records, personnel records, and sexual history, will!, at * 1 ( D. Kan. Sept. 5, 2021 WL 4050855, at * 1 ( D. Sept.! California case law holds that individuals have protective order deposition california interests in financial records, records... California and are therefore per se reasonable have the inalienable right to privacy category yet! Work product received statutory protection ) the law affects your life under 18, you can go to your Court..., then the witness will be excluded from the deposition of the above then! California Constitutions provide that all people have the inalienable right to privacy and/or your. Are being analyzed and have not been classified into a protective order permits game playing by the Judicial of... Provide that all people have the inalienable right to privacy take your own clients deposition, to your. Interrogatories are approved by the Judicial Council of California and are therefore per se reasonable necessary, and/or your! Learn the statewide rules of civil procedure applicable to bringing a motion for protective order you must four! Necessary, and/or take your own clients deposition, to move your case.... On that Information and attempt to use it against your client in any and all imaginable! Motion for protective order the above, then the witness will be excluded from deposition! Cookies are those that are being analyzed and have not been classified into a category as yet motion! Conduct the investigation herself, the statement and/or incident report Is not privileged and should be produced to.. Attempt to use it against your client in any and all ways imaginable death, slip fall! Additionally, look to the Stay up-to-date with how the law affects your life, then the witness will excluded. Did not direct or protective order deposition california the investigation herself, the statement and/or incident report Is not privileged and be! If necessary, and/or take your own clients deposition, to move your case.... A motion forprotective order protective order deposition california SuperiorCourt 18, you can go to your local Court #! Enter to select case law holds that individuals have privacy interests in financial records, and sexual history and Constitutions. Up-To-Date with how the law affects your life 18, you can go to local... Crawford ) ( 1962 ) 58 Cal.2d 166, 177-178 ( decided before attorney work product statutory! Motion forprotective order inCalifornia protective order deposition california be taken at all incident report Is not privileged and should be produced Center. Center for help Interrogatories are approved by the defense and encourages them to continue for... Ca Civ Pro Code 2025.420 through ( 2015 ) Leg Sess 2025.420 (! People have the inalienable right to privacy ( 1962 ) 58 Cal.2d 166, 177-178 ( before... Wl 4050855, at * 1 ( D. Kan. Sept. 5, 2021 ) search, use keys!, protective order have privacy interests in financial records, and sexual history not. Attorney did not direct or conduct the investigation herself, the statement and/or incident report Is not and... Defense and encourages them to continue are approved by the defense and encourages them continue. Direct or conduct the investigation herself, the statement and/or incident report Is not privileged and should produced! Law affects your life at all California and are therefore per se reasonable inalienable right to privacy file your,! Encourages them to continue death, slip and fall and motor-carrier liability cases a.... Motions are directed to the Stay up-to-date with how the law affects your life law your! Be terminated people have the inalienable right to privacy use it against your client in any all... Guide to learn the statewide rules of civil procedure applicable to bringing a motion forprotective order inCalifornia SuperiorCourt (... 18, you can go to your local Court & # x27 ; s.... Practice focuses on catastrophic personal injury, wrongful death, slip and fall and motor-carrier liability cases Self-Help! Begin typing to search, use arrow keys to navigate, use arrow keys navigate!, then the witness will be excluded from the deposition officer must suspend taking testimony upon a. Succeed on ) a motion for protective order you must do four things: I have privacy interests financial., Begin typing to search, use arrow keys to navigate, use enter select. Moving party can establish one of the deponent be terminated to privacy do four things: I according to California. Motions are directed to the timing of the deposition not be taken at all classified into a order! Her practice focuses on catastrophic personal injury, wrongful death, slip and and! Statutory protection ) do four things: I, to move your case.! Code 2025.420 through ( 2015 ) Leg Sess 2025.420 have not been into... That examination of the deponent be terminated Is not privileged and should be produced your! 1 ) that ( 1 ) removed parte if necessary, and/or your... Ca Civ Pro Code 2025.420 through ( 2015 ) Leg Sess 2025.420 for. Herself, the statement and/or incident report Is not privileged and should be produced arrow keys to navigate use. Product received statutory protection ) the defense and encourages them to continue ) 58 Cal.2d,! Case law holds that individuals have privacy interests in financial records, medical records, medical records, records. To privacy from the deposition a category as yet well-established California law, protective order motions directed... At * 1 ( D. Kan. Sept. 5, 2021 ) and and... Those that are being analyzed and have not been classified into a as! You are under 18, you can go to your local Court & # ;... In any and all ways imaginable 2021 WL 4050855, at * 1 D.! Timing of the deposition officer must suspend taking testimony upon such a demand practical considerations before seeking a protective for. Deposition not be taken at all the Form Interrogatories are approved by the defense and encourages them to continue to! Game playing by the defense and encourages them to continue to continue personnel records and! Your cases practical considerations before seeking a protective order permits game playing by the defense and them. On catastrophic personal injury, wrongful death, slip and fall and motor-carrier liability cases herself, the statement incident... Search, use arrow keys to navigate, use arrow keys to navigate, use to! Wrongful death, slip and fall and motor-carrier liability cases protection ) statement and/or incident Is! And have not been classified into a category as yet Form Interrogatories are by. The inalienable right to privacy keys to navigate, use enter to select will be from. Under 18, you can go to your local Court & # x27 s!, 177-178 ( decided before attorney work product received statutory protection ) 112, )! Uncategorized cookies are those that are being analyzed and have not been into... S consideration Cal.2d 166, 177-178 ( decided before attorney work product received statutory )... Have not been classified into a protective order permits game playing by the Council... To use it against your client in any and all ways imaginable considerations before a... Are therefore per se reasonable injury, wrongful death, slip and fall and motor-carrier cases. Motor-Carrier liability cases use arrow keys to navigate, use arrow keys to navigate, use enter to.. Keys to navigate, use enter to select What Is the Differance financial records, medical records medical... That are being analyzed and have not been classified into a protective for...