The Limited Power of California Courts to Compel Witness Attendance at In-State Depositions

more+
less-

Originally published in The Daily Journal Corp. (2011).

Ms. Sungaila, a partner in Snell & Wilmer’s Appellate Practice, and Ms. Micklis filed an amicus brief in support of Toyota in Toyota v. Superior Court.

In a case that could have broad impact on discovery in this state as well as save corporate defendants from needless business disruption, last month the Second District Court of Appeal in Los Angeles confirmed in a published opinion (Toyota v. Superior Court (Stewart)) that California courts lack the power to compel a foreign witness to come to California to be deposed. If a party wants to depose an individual who resides out of state or out of the country, the party must conduct the deposition in the individual witness’ home country or state of residence.

Plaintiffs in the case filed a California product liability action arising from an accident that took place in Idaho, and sought to depose in California five employees of Toyota who were Japanese residents. They were designated as individual employees, not as corporate representatives.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Snell & Wilmer | Attorney Advertising

Written by:

more+
less-

Snell & Wilmer on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×