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Sample Deposition Notice

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DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS IN ACTION PENDING OUTSIDE CALIFORNIA

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

TELEPHONE NO.:

E-MAIL ADDRESS:

ATTORNEY FOR (Name):

SUBP-045

FOR COURT USE ONLY

CALIFORNIA CASE NUMBER (if any assigned by court):

CASE NUMBER (of action pending outside California):

Court for county in which discovery is to be conducted:

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

Court in which action is pending:

Name of Court:

STREET ADDRESS:

MAILING ADDRESS:

CITY, STATE, AND ZIP CODE:

COUNTRY:

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND
PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED
INFORMATION, AND THINGS IN ACTION PENDING OUTSIDE CALIFORNIA

THE PEOPLE OF THE STATE OF CALIFORNIA, TO

1. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and place:

Date:

Time:

Address:

a. As a deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as to the matters described in item 4. (Code Civ. Proc., § 2025.230.)

b. You are ordered to produce the documents, electronically stored information, and things described in item 3.

c. This deposition will be recorded stenographically through the instant visual display of testimony

and by audiotape videotape.

2. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient compliance with this subpoena.

3. The documents, electronically stored information, and things to be produced and any testing or sampling being sought are described as follows ((if electronically stored information is required, the form or forms in which each type of information is to be produced may be specified):

Continued on Attachment 3 (use form MC-025).

4. If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are described as follows:

Continued on Attachment 4 (use form MC-025).

5. Attorneys for the parties to this action or parties without attorneys are (name, address, telephone number, and name of party represented):

Continued on Attachment 5 (use form MC-025).

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

SUBP-045

CASE NUMBER:

6. Other terms or provisions from out-of-state subpoena, if any (specify):

Continued on Attachment 6 (use form MC-025).

7. If you have been served with this subpoena as a custodian of consumer or employee records under Code of Civil Procedures section 1985.3 or 1985.6 and a motion to quash or an objection has been served on you, a court order or agreement of the parties, witnesses, and consumer or employee affected must be obtained before you are required to produce consumer or employee records.

8. At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition; later they are transcribed for possible use at trial. You may read the written record and change any incorrect answers before you sign the deposition. You are entitled to receive witness fees and mileage actually traveled both ways. The money must be paid, at the option of the party giving notice of the deposition, either with service of this subpoena or at the time of the deposition. Unless the court orders or you agree otherwise, if you are being deposed as an individual, the deposition must take place within 75 miles of your residence. The location of the deposition for all deponents is governed by Code of Civil Procedure section 2025.250.

DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE
FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.

Date issued:

(SIGNATURE OF PERSON ISSUING SUBPOENA)

(TYPE OR PRINT NAME)

(TITLE)

PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS,
ELECTRONICALLY STORED INFORMATION, AND THINGS

1. I served this Deposition Subpoena for Personal Appearance and Production of Documents, Electronically Stored Information, and Things in Action Pending Outside California by personally delivering a copy to the person served as follows:

a. Person served (name):

b. Address where served:

c. Date of delivery:

d. Time of delivery:

e. Witness fees and mileage both ways (check one):

(1) were paid. Amount: $

(2) were not paid.

(3) were tendered to the witness's public entity employer as required by Government Code section 68097.2. The amount tendered was (specify): $

f. Fee for service: $

2. I received this subpoena for service on (date):

3. I also served a completed Proof of Service of Notice to Consumer or Employee and Objection (form SUBP-025) by personally delivering a copy to the person served as described in 1 above.

4 Person serving:

a. Not a registered California process server

b. California sheriff or marshal

c. Registered California process server

d. Employee or independent contractor of a registered California process server

e. Exempt from registration under Business and Professions Code section 22350(b)

f. Name, address, telephone number, and, if applicable, county of registration and number:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(SIGNATURE)

(For California sheriff or marshal use only)

I certify that the foregoing is true and correct.

Date:

(SIGNATURE)

Form Adopted for Mandatory Use

Judicial Council of California

SUBP-045 [Rev. January 1, 2012]

DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND

PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED

INFORMATION, AND THINGS IN ACTION PENDING OUTSIDE CALIFORNIA

Page 2 of 2

Code of Civil Procedure, §§ 2029.100-900,

2020.510, 2025.220, 2025.230, 2025.250,

2025.620; Government Code, § 68097.1

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What a Sample Deposition Notice Is and when it’s used

A Sample Deposition Notice is a written formal notice used in civil litigation to inform parties, witnesses, or third parties of the time, date, location, and scope of a scheduled deposition. It typically identifies the deponent, describes topics to be covered or documents requested, sets the start time and estimated duration, and states how the deposition will be conducted (in person or remotely). The notice establishes service and scheduling expectations and creates a paper trail that can be used to resolve disputes about notice, scope, or attendance.

Why a clear deposition notice matters

A well-prepared Sample Deposition Notice reduces scheduling disputes, clarifies the scope of questioning, and documents meet-and-confer obligations. It helps counsel prepare exhibits, ensures appropriate witness availability, and establishes a record in case of objections, motions, or sanctions.

Why a clear deposition notice matters

Who typically issues or receives deposition notices

Tailor service methods, authentication, and any protective‑order language to the role of the recipient and applicable court rules.

  • Plaintiff and defense attorneys who arrange and serve deposition notices during discovery.
  • Corporate representatives and records custodians designated to testify about company operations or documents.
  • Third‑party witnesses and expert witnesses who must be informed of time, place, and topic scope.

Who can sign or certify service

Attorney / Counsel

An attorney of record or authorized litigation staff usually prepares and certifies service of the deposition notice, signs any accompanying certificate of service, and handles meet‑and‑confer obligations with opposing counsel.

Process Server

A professional process server or other authorized agent may complete personal service and provide a sworn return of service documenting date, time, and method of delivery for the court record.

Core parts of a professional deposition notice

A complete Sample Deposition Notice includes identity, logistics, scope, document requests, service instructions, and signature or certificate of service to confirm proper delivery.

Caption

Court name, case caption, docket number and party names so the notice is linked to the correct matter.

Deponent ID

Full legal name and, if applicable, job title or role (corporate designee) to avoid identity confusion.

Date and Time

Specific start time, estimated duration, and time zone for remote depositions to prevent scheduling disputes.

Location / Platform

Physical address or remote platform with dial‑in/meeting link and technical instructions for remote attendance.

Scope / Topics

Plain description of subject areas or Rule 30(b)(6) topics and any document categories requested.

Service Certificate

Signature, date, and method of service (email, hand, mail, process server) with contact details for counsel.

Stepwise process to prepare and serve the notice

Follow these steps to create, review, and effectuate a legally sufficient deposition notice.

  • 01
    Draft notice: Populate caption, deponent, time, place, and scope.
  • 02
    Attach exhibits: List or attach documents the deponent must bring or that will be used.
  • 03
    Review service rules: Confirm local and federal rules on required notice period and method.
  • 04
    Serve and retain: Serve opposing counsel and deponent; keep certificate of service.

Digital workflow settings to manage notices

Configure these settings to streamline creation, signature collection, and retention for deposition notices.

Field Configuration
Delivery method Email link | Guest signing allowed
Authentication Email or SMS code | Optional ID check
Retention Auto‑archive signed PDF | Audit trail kept
Notifications Automatic reminders | Custom timing

Where to send and who receives the notice

A deposition notice is served to parties, witnesses, and counsel; copies are retained for the case record and distributed as required.

  • Opposing Counsel: Serve lead counsel and local counsel on record.
  • Deponent: Deliver direct notice to the witness or their counsel.
  • Third Parties: Serve custodians or entities when records testimony is sought.
  • Court File: File a certificate of service if local rules require.

Technical formats and integrations for e‑delivery

Confirm the chosen platform supports audit trails, tamper‑evident signed PDFs, and any required authentication or retention policies.

  • File formats: PDF or DOCX recommended
  • Integrations: Salesforce, Google Workspace, NetSuite
  • Authentication: Email, SMS code, KBA optional

Timing and notice expectations to avoid disputes

Notice timing depends on jurisdiction and local rules; federal practice requires reasonable notice and state rules may prescribe specific lead times.

Federal Rule guidance:

Rule 30(b)(1) requires reasonable notice to all parties

Local rules:

Some districts set specific minimum days for service

Remote depositions:

Include time zone and joining instructions to prevent confusion

Document production deadlines:

Coordinate production dates with the notice to allow prep

Last‑minute changes:

Document offered alternatives and availability communications

Typical milestone timeline for a deposition event

A simple timeline clarifies responsibilities from notice through the deposition itself.

01

Issue Notice

Draft and serve notice to all parties and the deponent several weeks in advance

02

Meet and Confer

Address objections, scope disputes, and scheduling conflicts promptly

03

Exchange Exhibits

Provide exhibit lists and documents within the timeline agreed or ordered

04

Conduct Deposition

Record proceedings, confirm exhibits, and obtain signed transcript corrections

Common pitfalls when preparing a deposition notice

  • Using vague topic descriptions that invite scope disputes and motions to limit.
  • Failing to include time zone or remote platform instructions for out‑of‑state attendees.
  • Neglecting to attach or list documents the deponent must bring or review.
  • Missing or poorly documented service that leads to claims of insufficient notice.

Consequences of inadequate or improper notice

Sanctions Possible: Court may impose fees or sanctions
Motion Practice: Objections can delay discovery
Excluded Evidence: Improper notice can lead to exclusion
Contempt Risk: Failure to obey court order risks contempt
Increased Costs: Additional depositions or briefing raises expenses
Scheduling Delay: Case timeline and trial readiness suffer

How a deposition notice differs from a subpoena

Compare the deposition notice with a subpoena to understand service, enforcement, and when each instrument is appropriate.

Criteria Deposition Notice Subpoena
Purpose schedule testimony compel attendance or records
Service usually to parties and deponent often served by process server
Enforceability enforced by motion enforced by contempt order
Typical use discovery planning forcible production or attendance

eSignature pricing and feature snapshot relevant to notices

Compare common vendor starting prices and core features for eSignature workflows used to send and retain deposition notices and certificates of service.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real-world examples of digital notice workflows

These brief examples show how organizations use digital tools and clear notices to speed scheduling and preserve records.

Optica Ventures

Their legal team standardized notice templates to reduce scheduling conflicts.

  • Adopted remote joining instructions to accommodate out‑of‑state witnesses.
  • The result was clearer service records and fewer disputes about timing and scope in discovery.

Martin Properties

Real‑estate counsel used a template for witness and records depositions.

  • Included exhibit lists and platform instructions.
  • That approach reduced last‑minute rescheduling and ensured all parties received identical information ahead of testimony.

Practical tips for accurate and efficient notices

Follow these best practices to minimize disputes and streamline the deposition process.

Use precise topic language
Draft topic descriptions that are specific and discrete so there is less room for dispute; when using Rule 30(b)(6), number topics and define date ranges and document categories.
Confirm technical details for remote sessions
Provide clear platform access instructions, contact info for technical support, and time zone references to prevent missed appearances.
Document service carefully
Retain proof of service, affidavits or process server returns, and a signed certificate of service to show compliance with notice requirements.
Coordinate exhibits and production
Exchange exhibit lists and required documents sufficiently in advance to allow counsel to prepare and reduce the need for delays or protective motions.

Frequently asked questions about deposition notices

Answers to common questions about notice content, service, digital signing, and resolving scheduling disputes.


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