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.
Any party may obtain discovery by taking an oral deposition, as described in Section 2025.010, in a foreign nation. Except as modified in this section, the 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. CCP § 2027.010(a). “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.” CCP § 2027.010(e).
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. If a foreign deponent “is a party to the action or an officer, director, managing agent, or employee of a party, the service of the deposition notice is effective to compel the deponent to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection, copying, testing, or sampling.” (Code Civ. Proc. § 2027.010(b); see also Code Civ. Proc. § 2025.280.) Alternatively, when the deponent is not a party or an employee of a party, section 2027.010(c) provides that the party serving the deposition notice “shall use any process and procedures required and available under the laws of the foreign nation where the deposition is to be taken to compel the deponent to attend and to testify” at the deposition.
To determine whether an individual is a managing agent for the purposes of Code Civ. Proc. §§ 2025.280, 2027.010, courts are to consider three factors: “(1) does the person exercise judgment and discretion in dealing with the party's matters; (2) can the person be expected to comply with the party's directive to appear; and (3) can the person be anticipated to identify himself or herself with the party's interests.” (Lopez v. Watchtower Bible & Tract Soc'y of New York, Inc. (2016) 246 Cal.App.4th 566, 602.)
A foreign resident cannot generally be required to appear in California for a deposition. (Code Civ. Proc. § 1989; Toyota Motor Corp. v. Superior Court (2011) 197 Cal.App.4th 1107, 1125; see Rutter Group, California Civil Proc. Before Trial, § 8:644 [“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]...[i]f it fails to do so, it risks sanctions in the California lawsuit” citing Volkswagenwerk Aktiengesellschaft v. Sup. Ct. (Thomsen) (1981) 123 Cal.App.3d 840, 856-857.)
A deposition taken under this section shall be conducted under the supervision of any of the following:
(CCP § 2027.010(d).)
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. The deposition officer may be designated by name or by descriptive title in the deposition notice and in the commission.
But note, the judicial authority in the foreign country is always free to refuse to execute the letter of request. (Code Civ. Proc. §2027.010, subd. (c).)
CCP §2027.010(b). 3. The facts and circumstances under which Defendant (s) failed to appear for deposition, if there was such a failure, and when that occurred in relation to the discovery cut-off date (10/21/2020). 4. Whether or not sanctions should be imposed
Nov 10, 2020
Solano County, CA
(See CCP § 2027.010(a)-(b).) The court notes that California Rules of Court, Emergency Rule 11 states, “Notwithstanding any other law, including Code of Civil Procedure section 2025.310(a) and (b), and rule 3.1010(c) and (d), a party or nonparty deponent, at their election or the election of the deposing party, is not required to be present with the deposition officer at the time of the deposition.” Plaintiffs and CAMI have the election to have the deposition proceed remotely.
Oct 05, 2020
Personal Injury/ Tort
Products Liability
Los Angeles County, CA
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.
Sep 16, 2020
Real Property
Landlord Tenant
Los Angeles County, CA
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.
Aug 18, 2020
San Luis Obispo County, CA
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.
Dec 09, 2019
Business
Intellectual Property
Los Angeles County, CA
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).
Oct 03, 2019
Orange County, CA
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.
Aug 23, 2019
Los Angeles County, CA
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.
Aug 02, 2019
Orange County, CA
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).)
Mar 08, 2019
Personal Injury/ Tort
other
Los Angeles County, CA
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).)
Feb 21, 2019
Personal Injury/ Tort
other
Los Angeles County, CA
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 .)
Nov 05, 2018
Orange County, CA
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.”
May 15, 2018
Los Angeles County, CA
Section 2026.010, provides for depositions in other states, and section 2027.010 provides for depositions in foreign nations.
Apr 19, 2018
Los Angeles County, CA
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
Feb 01, 2018
El Dorado County, CA
. § 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.)
Dec 27, 2017
Riverside County, CA
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.
Nov 17, 2017
Personal Injury/ Tort
Fraud
Los Angeles County, CA
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.
Nov 14, 2017
Santa Barbara County, CA
“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).)
Oct 20, 2017
Santa Barbara County, CA
(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.
Oct 05, 2017
Los Angeles County, CA
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.
Jun 09, 2017
Los Angeles County, CA
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.
Apr 04, 2017
Employment
Wrongful Term
Los Angeles County, CA
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.
Feb 22, 2017
Employment
Wrongful Term
Los Angeles County, CA
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.
Feb 14, 2017
Santa Barbara County, CA
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.
Feb 01, 2017
Orange County, CA
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.
Oct 31, 2016
Riverside County, CA
Please wait a moment while we load this page.
