Taking a Deposition in a Foreign Country?

Useful Rulings on Noticing a Deposition in a Foreign Country

Recent Rulings on Noticing a Deposition in a Foreign Country

MARHNAZ RAD ET AL VS SALOME L SHEK ET AL

Under CCP §2027.010, “(a) Any party may obtain discovery by taking an oral deposition, as described in Section 2025.010, in a foreign nation. . . .” DISCUSSION Plaintiff Marhnaz Rad requests that the court compel defendants to respond to their initial sets of form interrogatories, special interrogatories, and demand for production of documents, and to deem admitted the truth of the matters in the request for admissions.

  • Hearing

    Sep 16, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

PIERRE HEMPEL, ET AL. V. SHANNON JOSEPH DOHERTY, ET AL.

Code of Civil Procedure section 2027.010(c) provides that a party serving a foreign deposition subpoena shall use any process and procedure required and available under the laws of the foreign nation where the deposition is to be taken, and compel the witnesses to testify and produce any documents.

  • Hearing

    Aug 18, 2020

ALPINE GROUP, AN ENTITY VS GOODING & COMPANY, INC., A CORPORATION

Proc. § 2027.010(a).) However, the Court will permit a more distant deposition to take place in Washington, DC due to the civil unrest currently taking place in Hong Kong. (See Code Civ. Proc. § 2027.010(a) [“[T]he procedures for taking oral depositions in California set forth in Chapter 9 (commencing with Section 2025.010) apply to an oral deposition taken in a foreign nation.”]; Code Civ.

  • Hearing

    Dec 09, 2019

  • Type

    Business

  • Sub Type

    Intellectual Property

WYMONT SERVICES LTD. V. HANDAL & ASSOCIATES

See CCP §2027.010(b). No commission or letters rogatory are required unless Sandler fails to appear as noticed. §2027.010(e). Of course, this involves some cost and logistical work, but it is not unheard of. Finally, to the extent defendants really want to depose Sandler, and only want to do it here in California, there are some limits to contend with. As a general rule, no natural person can be compelled to sit for a deposition that is more than 150 miles from their residence. CCP §2025.250(a).

  • Hearing

    Oct 03, 2019

PHILIP HARTH VS APRIL CONTAXIS

Pursuant to Code of Civil Procedure section 2027.010, subdivision (c), a party wishing to depose or obtain the records of a non-party witness who resides outside of the United States must comply with that country’s authorized laws and procedures. If Defendant wishes to obtain medical records directly from Plaintiff’s out-of-country medical provider, Defendant should follow that country’s laws and procedures.

  • Hearing

    Aug 23, 2019

RIMROCK HIGH INCOME PLUS VS JEFFERIES LLC

CCP § 2027.010(e) provides that a court may issue a letter of request to take an oral deposition in a foreign country when the moving party establishes it would be “necessary or convenient” to do so.

  • Hearing

    Aug 02, 2019

ADOLFO E REYES VS UNION PACIFIC RAILROAD COMPANY

Code of Civil Procedure, section 2027.010, subdivision (a) provides in relevant part: “Any party may obtain discovery by taking an oral deposition, as described in Section 2025.010, in a foreign nation.” (Code Civ. Proc., § 2027.010, subd. (a).)

  • Hearing

    Mar 08, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ADOLFO E REYES VS UNION PACIFIC RAILROAD COMPANY

Code of Civil Procedure, section 2027.010, subdivision (a) provides in relevant part: “Any party may obtain discovery by taking an oral deposition, as described in Section 2025.010, in a foreign nation.” (Code Civ. Proc., § 2027.010, subd. (a).)

  • Hearing

    Feb 21, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

HAWKINS, D.D.S. VS. UNUM GROUP

Proc., § 2027.010(e).) Each of these witnesses resides in Singapore. Singapore is a member of the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (the “Hague Evidence Convention”). (See https://www.hcch.net/en/instruments/conventions/authorities1/?cid=82 ; https://travel.state.gov/content/travel/en/legal/Judicial-Assistance-Country-Information/Singapore.html .)

  • Hearing

    Nov 05, 2018

DOTCONNECTAFRICA TRUST VS INTERNET CORPORATION FOR ASSIGNED

CCP § 2027.010(e) allows a party seeking to take an oral deposition in a foreign nation to issue a letter rogatory if it determines that one is “necessary or convenient.” CCP § 2027.010(c) provides that a deposition notice may also require the deponent to produce any document, electronically stored information, or tangible thing for inspection, copying, testing, sampling, and any related activity.”

  • Hearing

    May 15, 2018

A C A LLC VS MYRON JEPPSON HOLMSTROM

Section 2026.010, provides for depositions in other states, and section 2027.010 provides for depositions in foreign nations.

  • Hearing

    Apr 19, 2018

THUNDERBUTTE ENTERPRISES, LLC V. GENERAL STAR INDEMNITY

Section 2026.010, provides for depositions in other states, and section 2027.010, provides for depositions in foreign nations. ¶ While section 2025.260, subdivision (a), provides for a court to permit a deposition of a party or officer, director, managing agent, or employee of a party at a place “that is more distant than that permitted under Section 2025.250 [75 miles from the deponent's residence or within the county where the action is pending and within 150 miles of the deponent's residence],” section 2025.260

  • Hearing

    Feb 01, 2018

PSC 1601239

. § 2027.010.) A defendant in a California lawsuit can be compelled to appear for deposition, or to permit depositions of its employees, in a foreign country, and to allow examination of its records and plant there. If it fails to do so, it risks sanctions in the California lawsuit. (See Volkswagenwerk Aktiengesellschaft v. Sup.Ct. (Thomsen) (1981) 123 CA3d 840, 856-857.)

  • Hearing

    Dec 27, 2017

MATHEW CULLEN ET AL VS CHRISTOPHER S HANLEY ET AL

ANALYSIS: Pursuant to CCP §2027.010(e), this Court has the authority to issue letters rogatory.: “On motion of the party seeking to take an oral deposition in a foreign nation, the court in which the action is pending shall issue a commission, letters rogatory, or a letter of request, if it determines that one is necessary or convenient. The commission, letters rogatory, or letter of request may include any terms and directions that are just and appropriate.

  • Hearing

    Nov 17, 2017

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

EUROCHEM MCC, ET AL. V. ANDREY ROGALSKY, ET AL.

To assist in its investigation, EuroChem on July 8, 2016, filed a motion pursuant to Code of Civil Procedure section 2027.010, subdivision (e), for an order directing issuance of letters of request to the Ministry of Justice in Cyprus and to the Supreme Court of Singapore requesting the production of bank records relating to Dreymoor Fertilizers Overseas Pte Ltd.

  • Hearing

    Nov 14, 2017

DISTRICT ATTORNEY OF THE COUNTY OF SANTA BARBARA VS MOUSA ABDUL KAREEM EL TAYYEB

“If the witness named in the subpoena does not reside or conduct business in this state, the department head may seek to compel the witness’ testimony and production, inspection, and copying of documents or other items described in subdivision (e) of Section 11181 in the manner provided for the enforcement of a deposition notice to a nonparty as described in Section 2026.010 or 2027.010 of the Code of Civil Procedure or in any other manner authorized by any law.” (Gov. Code, § 11187, subd. (c).)

  • Hearing

    Oct 20, 2017

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

PERLA RENTERIA ET AL VS FORD MOTOR COMPANY ET AL

(See CCP §§ 2026.010 and 2027.010.) Ford has presented no evidence or authority for why it cannot take videotaped depositions of these witnesses in Mexico to be presented at trial. As a company with international reach and factories in Mexico in particular, it has the means to do so.

  • Hearing

    Oct 05, 2017

KATHRYN R PURWIN ET AL VS CROSS CREEK PICTURES LLC ET AL

Defendant Berl asks that the Court issue a Letter of Request/Letter Rogatory pursuant to the terms of the Hague Convention and CCP §2027.010(c). Defendant Berl seeks to obtain relevant and necessary foreign discovery evidence located in Colombia and collected by the Colombian government’s Group of Investigation of Accidents and Incidents.

  • Hearing

    Jun 09, 2017

EDUARDO LOPEZ VS MOTORCAR PARTS OF AMERICA INC ET AL

The Court directed the parties to meet and confer concerning the taking of Plaintiff’s deposition in accordance with CCP §§ 2025.250(a) and 2027.010, which contemplated Plaintiff’s deposition being taken in Mexico. But in the event that no agreement was reached, Defendants could file a motion pursuant to CCP § 2025.260, which contemplated Plaintiff’s deposition being taken in Los Angeles.

  • Hearing

    Apr 04, 2017

  • Type

    Employment

  • Sub Type

    Wrongful Term

EDUARDO LOPEZ VS MOTORCAR PARTS OF AMERICA INC ET AL

The Court orders the parties to meet and confer concerning the taking of Plaintiff’s deposition in accordance with CCP §§ 2025.250(a) and 2027.010. In the event that no agreement is reached, Defendants may file a motion pursuant to CCP § 2025.260. In connection with such motion, the Court expects Plaintiff to explain when and why Plaintiff changed his residence to Mexico and to document his attempts to obtain a visa.

  • Hearing

    Feb 22, 2017

  • Type

    Employment

  • Sub Type

    Wrongful Term

EUROCHEM MCC V. ANDREY ROGALSKY

To assist in its investigation, EuroChem on July 8, 201,6 filed a motion pursuant to Code of Civil Procedure Section 2027.010, subdivision (e), for order directing issuance of letters of request to the Ministry of Justice in Cyprus and to the Supreme Court of Singapore requesting the production of bank records relating to Dreymoor Fertilizers Overseas Pte Ltd. (“Dreymoor”), a Singapore company.

  • Hearing

    Feb 14, 2017

JON GRUND, AS TRUSTEE ETC, V. PREDICTION SCIENCES, LLC

Defendants also argue that the document request is improper because PBS is not a party to this action and Plaintiffs did not issue a proper document subpoena under CCP 2027.010 (a). In Reply, Plaintiffs argue correctly that this is not a motion for reconsideration of the motion to compel further. The motion was already granted, so it is procedurally improper for Defendants to now raise new sets of objections which it should have raised previously.

  • Hearing

    Feb 01, 2017

RIC1609196

Deposing a party to the action or that party’s officers, directors, managing agents, or employees in a foreign nation is governed by CCP 2027.010. Section 2027.010 (b) provides that “the service of the deposition notice is effective to compel the deponent to attend and to testify” at a deposition.

  • Hearing

    Oct 31, 2016

EUROCHEM MCC, ET AL. V. ANDREY ROGALSKIY, ET AL.

[Hague Convention Ch. 1, Art. 3] CCP § 2027.010(e) provides for an oral deposition in a foreign nation and the court shall issue a letter of request, if it determines that one is necessary or convenient. “The … letter of request may include any terms and directions that are just and appropriate.” Defendants contend that two of the elements EuroChem must prove in this case are: 1) that VR actually perpetrated the bribery scheme; and 2) that VR transferred some of the tainted funds to defendants.

  • Hearing

    Aug 30, 2016

WALSH VS VERTICAL HEAVEN

. _____________________________________________ The court's tentative ruling is as follows: Grant Ds motion for Letters Rogatory for deposition in foreign country.

  • Hearing

    Apr 29, 2016

1 2     last » 

For full print and download access, please subscribe at https://www.trellis.law/.

Please wait a moment while we gather your results.