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California Law (Last Updated: March 4, 2014) |
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Code of Civil Procedure - CCP |
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Part 4. MISCELLANEOUS PROVISIONS |
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Title 4. CIVIL DISCOVERY ACT |
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Chapter 9. Oral Deposition Inside California |
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ARTICLE 4. Objections, Sanctions, Protective Orders, Motions to Compel, and Suspension of Depositions |
Section 2025.440.
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(a) If a deponent does not appear for a deposition because the party giving notice of the deposition failed to serve a required deposition subpoena, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against that party, or the attorney for that party, or both, in favor of any other party who, in person or by attorney, attended at the time and place specified in the deposition notice in the expectation that the deponent's testimony would be taken, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.
(b) If a deponent on whom a deposition subpoena has been served fails to attend a deposition or refuses to be sworn as a witness, the court may impose on the deponent the sanctions described in Section 2020.240.