Depositions

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alexanderkos

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I am representing myself in court. I am the plaintiff in this action and two firms and one individual are named as the defendants. My question is in noticing for depositions. Would individuals in these firms have to be personally served by a process server or would a notice to the attorney of record be sufficient? There are several partners and many employees of these firms I would like to depose but I am not sure if they would have to be named individually on the lawsuit.
Also since the partners are the company could they be noticed through the attorney instead of service by a process server.
Thank You
Michael
 
You're asking a question about the details of California civil procedure, and I don't think anyone here is expert in that.

When you sue a corporation and are seeking depositions, usually the way it is done is you serve notice on the corporation, and the corporation chooses a representative to be deposed. You don't get to examine "several partners and many employees" unless the representative is unable to answer your questions, and (assuming your question calls for an answer) they will simply inform themselves and provide you with the answers.
 
I don't like to depose people.
I'd rather get them on the witness stand in open court.

But, it makes it easier to depose people, if you indicate they'll be subpoenaed; should they decline to voluntarily be deposed.
The downside of that approach, makes people hard to find sometimes.
But, I let the court, the sheriff, or my process server worry about finding them.
 
You would do a "PMK" (personal most knowledgeable) deposition notice to the attorney of record if it's for a corporation. With individual defendant's you can just put the notice of deposition into a pleading form and send to the attorney of record. Keep in mind, when you are noticing a deposition the notice must be served within 10 days if it's served by hand and 15 days by mail.
 
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