Form 18-3

This notice should be addressed to the defendant through his attorney if he is represented by one. Oth­erwise, the notice should be sent directly to the defendant, addressed “To: [name of defendant], Defen­dant.” For a form subpoena to be issued by an attorney, see form 18-4 in this chapter. For a notice of intention to take a deposition on written questions, see form 18-5.

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Notice of Intention to Take Oral Deposition

[with Subpoena Duces Tecum]

To: [name of defendant], Defendant, by and through [his/her] attorney of record, [name and address of attorney].

Please take notice that [name of plaintiff], Plaintiff, intends to take the oral deposition of [name of witness] at [address, city, state], before a certified court reporter, commencing on [date and time]. [Include the following if the witness is not an individual: [Name of witness] is directed to designate the person or persons to testify on its behalf. The matters on which examination is requested are [list matters with reasonable particularity]. The person(s) desig­nated by the witness must appear and testify before the officer taking this deposition at the time and place stated in this notice.]

[Name of witness] is instructed to produce at the time and place of the taking of this deposition, for use in conjunction with the taking of the deposition, all documents identified in the attached Exhibit [exhibit number/letter].

This deposition will be taken by nonstenographic method of [describe method, e.g., videotape recording]. The deposition [will/will not] also be recorded stenographically.

The following persons will attend the deposition: [name[s]].

   
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]