I am the defendent, waiting for the court date. just been mailed a depositioon letter. I am out of teh country , how do I respond to the deposition
Question Details: I am the defendent, filled the answer , waiting for the court date. I am out of teh country now. I have been sent a deposition letter , requesting to show up in 20 days and I can not. How do I respond to that?
Pursuant to California law, a plaintiff has the right to take the deposition of a defendant by sending out a notice of deposition. It does not require court consent. However, the location of the deposition must comply with the Code of Civil Procedure section 2025.250, which states "Unless the court orders otherwise under Section 2025.260, the deposition of a natural person, whether or not a party to the action, shall be taken at a place that is, at the option of the party giving notice of the deposition, either within 75 miles of the deponent's residence, or within the county where the action is pending and within 150 miles of the deponent's residence."
If you are out of the country on the scheduled date, simply call up plaintiff's counsel and make arrangements for a new date. Otherwise, a plaintiff can file a motion to compel your deposition, requiring your attendance. If you then fail to appear, the court has the right to strike your answer resulting in a default judgment against you.
Good luck.
Contact the court and inform them that you are unable to attend the deposition because you are out of the country. The court will probably schedule another court date for the deposition. The court will also notify the plaintiff's attorney about the change in the court date for the deposition.
