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United States · California Code of Civil Procedure

How soon may a California oral deposition be scheduled?

CCP 2025.270(a) ordinarily permits an oral deposition scheduled at least ten days after notice service. Special proceedings and records subpoenas differ.

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Period
10 days for the disclosed component
Trigger
Effective personal service of the oral-deposition notice
Rule
CCP 2025.270(a)
CCP 2025.270(a)

Official current section reviewed. (Amended by Stats. 2007, Ch. 113, Sec. 6. Effective January 1, 2008.)

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Which event starts this CCP 2025.270(a) inquiry?

Effective personal service of the oral-deposition notice

This is an earliest ordinary scheduling component. A final-day holiday adjustment does not establish the witness’s actual attendance or availability.

Responsible actor. The party scheduling the oral deposition. Use effective personal service of the ordinary oral-deposition notice, outside detainer proceedings and consumer or employee records subpoenas, with no court change. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review. A closed minimum-interval boundary is refused; a generic expiry rollover does not establish the first permissible deposition day.

CCP 2025.270(a)

How is this particular California component counted?

  1. Use effective personal service of the ordinary oral-deposition notice, outside detainer proceedings and consumer or employee records subpoenas, with no court change. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review. A closed minimum-interval boundary is refused; a generic expiry rollover does not establish the first permissible deposition day.
  2. Exclude the established event day and count 10 calendar days under CCP 12. Intermediate weekends and holidays count. Apply CCP 12a to a final judicial holiday and check actual office closures under CCP 12b.
  3. Check the actual judicial holidays, closures and statutory or court-ordered qualifications.
  4. Schedule no earlier than the applicable minimum, establish lawful notice and any required subpoena, and complete discovery within its separate cutoff.

CCP 12 excludes the triggering day for ordinary day periods. CCP 12a supplies the final judicial-holiday adjustment, including Saturdays and the CCP 135 holidays. CCP 12b addresses qualifying whole-day office closures. Court-day periods exclude intermediate Saturdays, Sundays and judicial holidays. Calendar-day periods include intermediate closed days. Rule 1.11 supplies Friday observance of a Saturday judicial holiday and Monday observance of a Sunday judicial holiday. The calendar includes Lincoln Day, March 31, Juneteenth, Native American Day and Thanksgiving Friday. It excludes Columbus Day and Good Friday as ordinary full judicial holidays. The observed New Year holiday on December 31, 2027 is confirmed in the county schedule. Actual additional closures require separate evidence.

These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.

The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.

CCP 12, exclusion of the first day

What does an independently derived example show?

Fictitious example

Use effective personal service of the ordinary oral-deposition notice, outside detainer proceedings and consumer or employee records subpoenas, with no court change. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review. A closed minimum-interval boundary is refused; a generic expiry rollover does not establish the first permissible deposition day. The disclosed component, effective personal or specified nonmail service and no changed order.

Example counting steps
StepWhat is countedDate
Established eventEffective personal service of the oral-deposition noticeAugust 2, 2027
Disclosed component boundary10 days for the disclosed componentAugust 12, 2027
Example resultAugust 12, 2027

Fictitious facts within the stated coverage. This is the disclosed component, not a determination of legal accrual, effective service, court action or entitlement. No tolling, different service addition, altered order or additional closure is assumed. Closed unsupported base branches receive no computed date.

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Which qualifications change this procedure?

Detainer deposition
Subsection (b) requires at least five days after notice service and not later than five days before trial in the stated proceedings.
Records subpoena
Subsection (c) uses at least twenty days after subpoena issuance for the specified consumer or employee records witness.
Court control
Subsection (d) permits shortening, extension or a stay on the identified motion or application for good cause.
Service methods and distinct statutory additions
These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.
Edition and calendar coverage
The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.
CCP 2025.270(a)
  • Use effective personal service of the ordinary oral-deposition notice, outside detainer proceedings and consumer or employee records subpoenas, with no court change. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review. A closed minimum-interval boundary is refused; a generic expiry rollover does not establish the first permissible deposition day.
  • The base calculation does not resolve the excluded comparisons or establish that the responsible actor completed the required act.

Which acts and evidence must be preserved?

Questions about CCP 2025.270(a)

How soon may a California oral deposition be scheduled?

Is ten days the last date to conduct the deposition?

No. It is an ordinary minimum scheduling interval after notice service.

CCP 2025.270(a)

Can I use it for an employee-records subpoena?

No. The specified records-subpoena branch uses a different issuance event and twenty-day minimum.

CCP 2025.270(c)

Does this override the discovery completion cutoff?

No. CCP 2024.020 separately governs completion before the initially scheduled trial.

CCP 2024.020(a)

Official California sources and edition review

Provisions used (16)
Provisions used in this guide
ProvisionPurpose
CCP 2025.270(a)The particular actor, event, period and required act
CCP 2025.270(b)The separately identified counting, filing, holiday or procedural qualification
CCP 2025.270(c)The separately identified counting, filing, holiday or procedural qualification
CCP 2025.270(d)The separately identified counting, filing, holiday or procedural qualification
CCP 2025.270(a)The separately identified counting, filing, holiday or procedural qualification
CCP 2024.020(a)The separately identified counting, filing, holiday or procedural qualification
CCP 12, exclusion of the first dayThe separately identified counting, filing, holiday or procedural qualification
CCP 12a, final judicial holidaysThe separately identified counting, filing, holiday or procedural qualification
CCP 12b, actual whole-day office closuresThe separately identified counting, filing, holiday or procedural qualification
CCP 12c, backward hearing and service additionsThe separately identified counting, filing, holiday or procedural qualification
CCP 135, judicial holidays and exclusionsThe separately identified counting, filing, holiday or procedural qualification
California judicial holiday scheduleThe separately identified counting, filing, holiday or procedural qualification
Cal. Rules of Court, rule 1.11The separately identified counting, filing, holiday or procedural qualification
Superior Court of San Bernardino holiday scheduleThe separately identified counting, filing, holiday or procedural qualification
CCP 1013, service additions and exceptionsThe separately identified counting, filing, holiday or procedural qualification
CCP 1010.6, electronic service and filingThe separately identified counting, filing, holiday or procedural qualification
Read the official section

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