In a civil suit in which I am the defendant, do I have to travel 50 miles one way to give a deposition to the Plaintiff’s attorney if I have not been subpoenaed?

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In a civil suit in which I am the defendant, do I have to travel 50 miles one way to give a deposition to the Plaintiff’s attorney if I have not been subpoenaed?

Last fall a young man riding a skateboard with his 10 year old sister on the front of the board broadsided me as I was making a left turn. The little girl slid off the skateboard and was under my car. I was totally not at fault in this accident and the young man fully accepted blame for his foolish actions. I am being sued by the mother of the little girl who did sustain some injuries. I do now want to drive over 50 miles to be deposed by the lawyer. My insurance company lawyer has been no help to me at all. Friends tell me that since it is a civil case, and I am the defendant, then I do not have to travel to the attorney’s office. If he wants a second deposition, they say he can be the one to travel to my home to get it.

Asked on July 22, 2019 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Your friends are wrong. Under CA law (California Code of Civil Procedure section 2025.25), you can be required to attend (that is, drive or otherwise travel to) any location the attorney wants that is within 75 miles of your residence (that's if you reside in the same county where the suit if brought; if you are in a different county, they can require you to go to any place in that county that is up to 150 miles from your residence). So they can have you go to their office if it's 50 miles from you.


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