A California divorce deposition notice may also include a request to produce documents at the deposition. Guide: Civil Procedure Before Trial (TRG 2010) 8:721 et seq. (Code Civ. The CDA allows parties to obtain evidence from third parties by three methods: A third-party subpoena in California can direct the recipient to appear in person to provide testimony, to produce documents for copying, or to do both. The deposition will be taken remotely. Any deposition taken after the service of a written objection shall not be used against the objecting party under Section 2025.620 if the party did not attend the deposition and if the court determines that the objection was a valid one. However, this Rule explicitly states that matter does not have to be admissible to be discoverable. Any offer to provide the instant visual display of the testimony or to provide rough When no such objection is made, any other party objecting to the production of records by a nonparty deponent must file a motion to quash the subpoena or a protective order. CCPPROCEDURE 13:79 California Civil Practice Procedure Discovery (Approx. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (11) That all or certain of the writings or tangible things designated in the deposition notice not be produced, inspected, copied, tested, or sampled, or that conditions be set for the production of electronically stored information designated in the deposition notice. May 6, 2016), the court discussed the new amendments to Rule 34 and found that the defendants responses did not comply with them, ordering further responses and ultimately sanctions. Under Section 52, Article III, Texas Constitution, the district may design, acquire, construct, finance, issue bonds for, improve, << Requests for Production of Documents are governed by Rule 34. >> % (Rule 26(a)(2)(A).) The sample has been revised and updated in December 2016 and includes brief instructions and a proof of service by mail. Discovery Cut-Off > > Read . services, which may be no greater than the costs charged to any other party or attorney. : ART DURBANO AND ROB MOTTA : JANUARY 8, 2016 OBJECTIONS TO PLAINTIFF'S REQUESTS FOR PRODUCTION IN NOTICE OF DEPOSITION AND NOTICE OF DEPOSITION Defendant, Demers Exposition Services, Inc. ("Defendant"), and deponent, Art Durbano, hereby object to the requests for production in Plaintiff's Notice of Deposition of Mr. Durbano dated December 11, Regarding a non-party witness, [a] party noticing a deposition of a witness who is not a party or affiliated with a party must also meet and confer about scheduling, but may do so after serving the nonparty witness with a subpoena. (Ibid.) These are objections under the California Rules of Evidence. Sample Objection to California Deposition Notice by Stan Burman on Scribd. (N.D. Civ. $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz ? visual display of the testimony. A party serving a subpoena for a deposition must pay awitness feeto the person being deposed. Sample Objection to Deposition Notice in California, This sample objection to a California deposition notice is used by a party who has been served with a deposition notice that is either defective or is untimely. Draft a Notice of Deposition (and subpoena if a non-party - - Rule 45). There are very specific requirements in California regarding the contents and service of a deposition notice. Note: See SmartRules guides for complete and up-to-date Notice of Deposition requirements for the California Superior Courts. In litigation, written discovery typically consists of (1) Requests for Production, (2) Requests for Admission, and (3) Interrogatories. Disclaimer: These codes may not be the most recent version. Get free summaries of new opinions delivered to your inbox! "c gi^c[=(X%W?$y vsUZ3gGGdLz%GQz55V;Vi~M.,*W4Bd*~N ?b6o jqDIgh2d}iKCQ){ sE{n4;L1,%hxRqn?qjKC.&oT!S [G}O771Iu=sg8A$Q0sb2zkQ*o1Gp6qe ]1+c|6>!Tige_' /9 )G1yIx#/g+.p]|H]A%bq:j#V,7Jik4BK5G*v?e dExKJjC$cScuoOg/,_dd=NjA+-klKWh>~M:$n1BHT=M5 *0ecxicwRB&/bV J9:9%s0d;v*+/ZdNSw1+:z^UTIz=zao hd_XbT]g#~ NhP*W.-r;xDAd 'O'Fs6>ak:tE4 -u_1Y|ayknG\=A>V}_Un"e#5hPn= To object, you must act quickly. (See, e.g., N.D. Civ. (b) Notwithstanding subdivision (a), where under Article 4 (commencing with Section 2020.410) only the production by a nonparty of business records for copying is desired, a You can explore additional available newsletters here. Tags: "Deposition Objections", Deposition, Objection . All rights reserved. Please bear with us as the download emails don't seem to be getting sent out as quickly right now. Sys ., 321 F.R.D. Unlike in state court, where the Code of Civil Procedure provides timing requirements, a deposition notice in federal court need only give "reasonable written notice." (Rule 30(b)(1).) Code, 911(b).) The party serving the notice may move for an order under Rule 37(a) with respect to such objection. TITLE 4 - CIVIL DISCOVERY ACT CHAPTER 9 - Oral Deposition Inside California ARTICLE 4 - Objections, Sanctions, Protective Orders, Motions to Compel, and Suspension of Depositions Section 2025.420. Objections to Deposition Notices If a party wishes to object to a deposition notice, they must serve a written objection specifying the error or irregularity at least 3 calendar days prior to the date for which the deposition is scheduled. 67 California law gives recipients of third-party subpoenas and other interested parties several options for challenging a subpoena. Objections during depositions: If you do not object to the form of the question during deposition, you waive the right to the same objection in a future trial. California Code of Civil Procedure 2025 addresses a party or legal representative opposing a deposition notice and the procedure they must follow to do file an objection. Civ. This sample objection to a California deposition notice is used by a party who has been served with a deposition notice that is either defective or is untimely. JFIF Adobe e C (7) The form in which any electronically stored information is to be produced, if The opposing party was not objecting to the deposition itself, but . A party claiming that a request is important to resolve the issues should be able to explain the ways in which the underlying information bears on the issues as that party understands them. For example, the Northern District of California has an entire section of its website devoted to E-Discovery (ESI) Guidelines, https://www.cand.uscourts.gov/eDiscoveryGuidelines, which includes an ESI Checklist to be used in the Rule 26(f) conference and an ESI Guidelines document, both revised in December 2015. A significant difference between federal and California practice is the requirement of disclosures under Rule 26(a)(1), commonly referred to as initial disclosures. The initial disclosures are to be exchanged at or within 14 days after the parties Rule 26(f) conference unless a different time is set by stipulation or court order, or unless a party objects during the conference that initial disclosures are not appropriate in this action and states the objection in the proposed discovery plan. (Rule 26(a)(1)(C).) 2023 by the author. PLEASE TAKE NOTICE that, pursuant to Sections 2025.010, et seq., of the California Code of Civil Procedure, Plaintiffs [xxxxxxxxxxxxxx], by and through their attorneys of record, will take the deposition, on oral examination, of Defendant [xxxxxxxxxxxxxx], commencing at 9:00 A.M. on _____, 2020. All witnesses who will be providing expert testimony must be identified in the disclosure. Timing. See Cal. This paragraph (6) does not preclude a deposition by any other procedure allowed by these rules. First, document requests under Rule 34 can now be served prior to the Rule 26(f) conference, 21 days after the party has been served. The specific requirements vary depending on whether the subpoena is addressed to an individual or an organization, and whether it seeks in-person testimony or production of documents. If the deposition will be conducted using instant visual display, a copy of the (1) Without Leave. (2) The date of the deposition, selected under Section 2025.270, and the time it will commence. Noticing a Deposition Without Leave of Court. 3 pages) Toggle Menu 13:79. This includes individuals who live in California and businesses or other organizations located in the state. (d)The court shall impose a monetary sanction under Chapter 7 (commencing withSection 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to quash a deposition notice, 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. (Rule 26(d)(2). Get form SUBP-015. Because a deposition is sworn testimony, it can be used to prove perjury if a witness tries to change his or her testimony at trial. (Kiernan, David) (Filed on 12/9/2010) Rule 30(a)(2)(A)(i) limits the number of depositions to 10 by the plaintiffs, or by the defendants, or by the third-party defendants. In other words, the limit is 10 depositions per each side. (Rule 33(a)(1).). The third party can also go to court themselves by filing a motion for a protective order or a motion to quash the subpoena. In that . (a) Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order. A deposition is a powerful litigation tool for several reasons. Northern District "The Apple iPod iTunes Anti-Trust Litigation" . The author is a freelance paralegal . This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. You can use this template to object. A motion to quash can ask the court to quash the subpoena entirely, to limit its scope, or to modify its requests. However, it is important to be prepared to address these proportionality factors when you draft discovery and especially if you need to compel responses. Use this At A Glance Guide to learn the statewide rules of civil procedure Notice of Deposition in the California Superior Courts. to administer an oath, and shall not be financially interested in the action or be to which the person belongs. A party may, by oral questions, depose any person, including a party, without leave of court except as provided in Rule 30(a)(2). 3. Rule 30 governs depositions in federal court. Fed. He has been selected to Best Lawyers and to Super Lawyers. The deposition of an organization is treated as one deposition even though more than one person may be required to testify. Deposition Subpoena for Personal Appearance. (15) That the deposition be sealed and thereafter opened only on order of the court. A third party that has been summoned for an oral deposition can file a motion to quash the deposition. You must complete these steps within 5 days of being served with the Notice to Attend (or another time the court may have ordered on the Notice to Attend documents): 1. L. Rule 37-1, Procedures for Resolving Disputes.). Unlike state practice, however, you cannot sign a declaration to propound more than 25; instead, you either have to stipulate with opposing counsel to exceed that limit or seek leave of court. All rights reserved. (c)In addition to serving this written objection, a party may also move for an order staying the taking of the deposition and quashing the deposition notice. } !1AQa"q2#BR$3br A privilege log is required if the responding party is withholding documents based on privilege. officer or entity to provide services for the deposition, if applicable. Other CEBblog posts on depositions: Similar to state practice (Code of Civ. deponent. 2 0 obj (3) That a video recording of the deposition testimony of a treating or consulting physician or of any expert witness, intended for possible use at trial under subdivision (d) of Section 2025.620, be postponed until the moving party has had an adequate opportunity to prepare, by discovery deposition of the deponent, or other means, for cross-examination. Section 52, Article III, Texas Constitution, https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-2025-220/, Read this complete California Code, Code of Civil Procedure - CCP 2025.220 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 2025.220 - last updated January 01, 2019 See TBMP 410. We will always provide free access to the current law. January 1, 2008] Code of Civil Procedure, 1985.3. (Rule 26(a)(2)(D)(ii).) Rule 34(b)(2)(B) was amended to require that objections be stated with specificity the grounds for objecting to the request, including the reasons. This amendment ties to a revision of Rule 34(b)(2)(C), which directs that an objection to a request under Rule 34 must state whether anything is being withheld on the basis of that objection. ********************************* 4. Any deposition taken after the service of a written objection shall not be used against the objecting party under Section 2025.620 if the party did not attend the deposition and if the court determines that the objection was a valid one. As relevant herein, the WCJ denied applicant's Motion to Quash Notice of Taking Deposition and Notice for Production of Documents (Motionto Quash Deposition). Representing Yourself (Pro Se)? Sign up for our free summaries and get the latest delivered directly to you. If the behavior continues, you have the right to end the deposition. . deposition: (ii) The entity providing the services of the deposition officer. Counsel defending depositions will often lodge Rifkind objections to justify an instruction that the deponent not answer a question. This will enable the judge to enter that increase as part of the Scheduling Order. The Federal Rules of Civil Procedure (Rules) govern civil pretrial and trial practice in the federal courts. This could include, to name only two examples, eyewitnesses to one or more events giving rise to a lawsuit, or custodians of records for organizations. They are currently arriving within 30 minutes of purchase. Depositions. A third-party subpoena is any subpoena issued in the course of a lawsuit to someone who is not a plaintiff, defendant, or intervenor in the lawsuit. /OP false The Law Offices Of Young Wooldridge, LLP A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS Westchester Cornorate Plaza 1800 30th Street, Fourth Floor Bakersfield, CA 93301-5298 Teleohone 661-327-9661 Facsimile 661-327-1087 htto://www.voungwooldridge.com Every subpoena must: (i) state the court from which it is issued; (ii) state the title and case number of the action and the name and address of the party or attorney responsible for issuing the subpoena; (iii) command each person to whom it is directed to do the following at a specified time and place . . 6, 2016). Vague, Ambiguous, or Overly Broad Requests. The California Fair Employment and Housing Act ("FEHA"), the Unruh . 4th 1257 (1994). (8) That the testimony be recorded in a manner different from that specified in the deposition notice. The specific grounds for my objection are as follows: Date: (TYPE OR PRINT NAME) (SIGNATURE) (Proof of service on reverse) Form Adopted for Mandatory Use NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION Judicial Council of California SUBP-025 [Rev. << Unlike responses to interrogatories and unlike state practice, the responses to document requests do not have to be verified. /Subtype/Image ESI must be discussed early in the case and certainly as part of a Rule 26(f) conference. Timing. Rules Civ. Im beyond grateful! Effective January 1, 2013.). My office has had success in having key evidence from a defendant excluded due to noncompliance with the disclosure and supplementation requirements as district judges generally do not take lightly a partys failure to comply with Rule 26s mandates. ********************************* 3. California allows multiple people to challenge a third-party subpoena. 3. For instance, in the Northern District of California you must move to compel within seven days of the close of discovery. California Business Lawyers & Corporate Lawyers, Labor Commissioner Board Complaint Defense. (6) That the deponent s testimony be taken by written, instead of oral, examination. (10) That the scope of the examination be limited to certain matters. https://legaldocspro.myshopify.com/collections/frontpage/products/california-discovery-document-collection. Third parties who have been served with a subpoena, or who otherwise have standing to challenge a third-party subpoena under California law, may do so on a variety of legal or equitable grounds. . Maldonado v. Superior Court (2002) 94 Cal.App.4th 1390, is illustrative. For example, some courts have interpreted notice periods as short as eight days to be reasonable under the facts of the case, Jones v. United States, 720 F.Supp. Deposition Notice United States District Court Northern District of California. << App. %PDF-1.4 objections at each PMK deposition. The named organization must then designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf; and it may set out the matters on which each person designated will testify. Objections, Sanctions, Protective Orders, Motions to Compel, & Suspension of Depositions. (A) Requirements-In General. The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. 2012, Ch. Because a deposition is sworn testimony, it can be used to prove perjury if a witness tries to change his or her testimony at. stream Through social A third-party subpoena must give the recipient areasonable amount of timeto locate documents and other materials, or to arrange for attendance at an in-person deposition. and maintenance macadamized, graveled, or paved roads, or improvements, including (13) That a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only to specified persons or only in a specified way. This right extends . This means that one should not make an objection at a deposition that would not or could not be made at trial. Any party or attorney requesting the provision of the instant visual display of C t Readers should not act upon this information without seeking professional counsel. If there is an objection to an exhibit . The Advisory Committee states: A party claiming undue burden or expense ordinarily has far better information perhaps the only information with respect to that part of the determination. Thus, in practice, these disclosures will be made near the time of the Rule 26(f) conference and the district courts scheduling conference. >> A plaintiff may serve a deposition notice without leave of court at any time after twenty (20) days after service of the summons on, or appearance by, any defendant. (b) If an objection is made three calendar days before the deposition date, the objecting party shall make personal service of that objection pursuant to Section 1011 on the party who gave notice of the deposition. (Rule 36(a)(3). writing. (3) The party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought. relating to the propriety of objections at depositions. Any deposition taken after the service of a written objection shall not be used against the objecting party underSection 2025.620if the party did not attend the deposition and if the court determines that the objection was a valid one. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. . Like the Facebook page for Legaldocspro at: Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. Unlike California state practice, drafts of expert reports are shielded from discovery under Rule 26(b)(4)(B): Rules 26(b)(3)(A) and (B) protect drafts of any report or disclosure required under Rule 26(a)(2), regardless of the form in which the draft is recorded. Additionally, communications between an expert and attorney also receive limited protection. Join thousands of people who receive monthly site updates. Proc., 2025.410], Secondary Sources 13:79. The CDA allows courts to issue protective orders that bar or limit the discovery of certain evidence, upon the motion of a party called to produce that evidence. 1. (last accessed Jun. You can, as long as you include this blurb with it: Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. A party or third party seeking a protective order must demonstrate that they made a good-faith effort to resolve the dispute with the requesting party. ) govern Civil pretrial and trial practice in the Federal Rules of Civil Procedure, 1985.3 person.... Or other organizations located in the Federal Courts delivered directly to you Federal Rules of Civil Notice! A proof of service by mail about the law this paragraph ( )... Services for the deposition officer selected under Section 2025.270, and shall not the! Can also go to court themselves by filing a motion for a protective order or a to! Other Procedure allowed by these cases and statutes, visit FindLaw 's learn about the legal concepts addressed these. Or be to which the person being deposed can ask the court Burman on Scribd will. Entity providing the services of the close of discovery Housing Act ( & quot deposition. Deposition in the disclosure District of California you must move to compel, Suspension... Under the California Fair Employment and Housing Act ( & quot ; the Apple iPod iTunes Anti-Trust litigation & ;. Objections to justify an instruction that the scope of the examination be limited to certain.... To interrogatories and Unlike state practice, the Unruh not be made trial. Powerful litigation tool for several reasons copy of the deposition will be conducted instant! End the deposition is illustrative several reasons third-party subpoena to you date of the ( 1 ) ). Of deposition ( and subpoena if a non-party - - Rule 45 ). ). ) )... Rule 33 ( a ). ). ). ). ) )... Close of discovery to Super Lawyers California and businesses or other organizations located in the action to obtain information! Not have to be getting sent out as quickly right now this Rule explicitly states that matter does not a... By discovery in the case and certainly as part of a Rule 26 a... The materials and information contained in this blog post have been prepared Stan... 26 ( d ) ( 3 ) the party serving a subpoena to you and Unlike practice. The disclosure explicitly states that matter does not preclude a deposition that would not or not... And businesses or other organizations located in the action to obtain the information sought would not or could not financially... For informational purposes only and are not legal advice in this blog post have been by! About the legal concepts addressed by these cases and statutes, visit FindLaw learn. An oral deposition can file a motion to quash the deposition be sealed and opened. The scope of the deposition Notice may also include a request to produce at. Expert testimony must be identified in the California Fair Employment and Housing Act ( & quot ;,,... Recent version at the deposition to end the deposition feeto the person belongs with as... Witnesses who will be conducted using instant visual display, a copy of the of. Must pay awitness feeto the person belongs officer or entity to provide services for the California Courts... Move for an order under Rule 37 ( a ) ( ii ). )..! 6 ) that the deposition, if applicable ) 94 Cal.App.4th 1390, is illustrative interested in action... Up for our free summaries of new opinions delivered to your inbox a Notice of deposition for. Additionally, communications between an expert and attorney also receive limited protection and are not advice... ; & gt ; & gt ; Read and subpoena if a non-party - - Rule 45 )... Discovery Cut-Off & gt ; Read ( and subpoena if a non-party - - Rule 45 ) ). January 1, 2008 ] Code of Civ 2002 ) 94 Cal.App.4th 1390, is.. Been revised and updated in December 2016 and includes brief instructions and proof! Arriving within 30 minutes of purchase to justify an instruction that the testimony be taken by,! In other words, the responses to document requests do not have to be admissible to be getting out... That has been summoned for an order under Rule 37 ( a (! Scope, or to modify its requests action or be to which the belongs... Services of the ( 1 ) Without Leave on order of the close of discovery practice ( Code of Procedure... A privilege log is required if the behavior continues, you have right. Currently arriving within 30 minutes of purchase Corporate Lawyers, Labor Commissioner Board Complaint Defense thousands of people who monthly. A subpoena for a deposition by any other Procedure allowed by these cases statutes... Free summaries of new opinions delivered to your inbox for our free summaries of new opinions delivered to inbox. Per each side not legal advice to certain matters objections & quot ; this enable. Esi must be discussed early in the California Rules of Civil Procedure Notice of deposition requirements for the officer! Selected to Best Lawyers and to Super Lawyers more information about the legal concepts by..., and the time it will commence 1AQa '' q2 # BR $ a. Posts on depositions: Similar to state practice ( Code of Civil Procedure Notice of in... ; FEHA & quot ;, deposition, Objection: Civil Procedure, 1985.3 individuals who live in and... Superior Courts january 1, 2008 ] Code of Civil Procedure ( Rules ) govern Civil pretrial trial! Deposition is a powerful litigation tool for several reasons a Notice of deposition in the action be. Download emails do n't seem to be verified been prepared by Stan Burman on Scribd Rule (! States that matter does not have to be getting sent out as quickly right now directly to.... Very specific requirements in California and businesses or other organizations located in the deposition Notice Civil! Also receive limited protection the party seeking discovery has had ample opportunity by discovery in the action to the. Includes individuals who live in California regarding the contents and service of a deposition any... Go to court themselves by filing a motion for a protective order a. Materials and information contained in this blog post have been prepared by Stan Burman for informational purposes and... Will commence 1 ). ). ). ). ). ) )... Produce documents at the deposition, if applicable a California divorce deposition.. Oral deposition can file a motion to quash the subpoena it will commence ( 1 ). )... Rule 37 ( a ). ). ). ). ). )... Treated as one deposition even though more than one person may be greater. Judge to enter that increase as part of a Rule 26 ( f ) conference is a powerful tool! Withholding documents based on privilege C ). ). ). ). ) )! For informational purposes only and are not legal advice the Federal Rules of Evidence Burman for informational only... 1Aqa '' q2 # BR $ 3br a privilege log is required if the deposition, if.... Must move to compel within seven days of the close of discovery 56789: CDEFGHIJSTUVWXYZcdefghijstuvwxyz: these codes may be... Most recent version the case and certainly as part of the court quash... ( 1 ) ( 1 ) ( 1 ) ( ii ) the seeking! The Federal Courts selected to Best Lawyers and to Super Lawyers the of! California you must move to compel within seven days of the Scheduling order 56789: CDEFGHIJSTUVWXYZcdefghijstuvwxyz often... Has been selected to Best Lawyers and to Super Lawyers a question 45... Unlike state practice ( Code of Civil Procedure Before trial ( TRG 2010 ) 8:721 seq! Between an expert and attorney also receive limited protection ( ii ) ). Objections under the California Fair Employment and Housing Act ( & quot ; ) the. And shall not be made at trial, selected under Section 2025.270, and the time it will...., deposition, Objection new opinions delivered to your inbox order of the order! ( C ). ). ). ). ). ). ). )... Services, which may be required to testify be discussed early in the District. Requirements in California and businesses or other organizations located in the state 2008 ] of! Govern Civil pretrial and trial practice in the case and certainly as part of the officer! Instead of oral, examination to obtain the information sought guide: Procedure. Notice United states District court Northern District of California that specified in the deposition objection to deposition notice california! People who receive monthly site updates this paragraph ( 6 ) that the Notice! Rule 33 ( a ) with respect to such Objection Section 2025.270, and not... Burman for informational purposes only and are not legal advice providing the services of court! Documents based on privilege Rule 33 ( a ). ). ) ). Always provide free access to the current law part of a deposition must pay feeto. To your inbox objection to deposition notice california 10 ) that the deponent s testimony be taken by written, instead of,... Parties several options for challenging a subpoena for a protective order or a motion to quash can ask the to! 8:721 et seq of purchase revised and updated in December 2016 and includes brief and... May not be the most recent version judge to enter that increase as part of a deposition a! Site updates one deposition even though more than one person may be required to testify a subpoena s! 1, 2008 ] Code of Civil Procedure, 1985.3 that matter does not preclude a Notice...

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