A written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record.
Rule 3.1346.Service of motion papers on nonparty deponent
Division 11. Law and Motion · Chapter 6. Particular Motions · Article 4. Discovery Motions · Last amended 2016 · Last verified July 29, 2026
In one sentenceRule 3.1346 requires a party moving to compel a nonparty deponent to answer a deposition question or produce documents to personally serve the deponent with the notice and moving papers, unless the deponent has agreed to accept service by mail or electronically at an address given on the deposition record.
Full Text of Rule 3.1346
Plain-English Summary
A nonparty who sits for a deposition has not appeared in the case and has no attorney of record automatically watching for filings. Rule 3.1346 accounts for that gap. When a party wants to compel a nonparty deponent to answer a question or hand over documents, the motion papers cannot go into the mail the way service on an appearing party normally would.
The default is personal service: the written notice and all moving papers supporting the motion must be personally served on the nonparty deponent. The rule allows one alternative — if the nonparty deponent has agreed to accept service by mail or electronic service, and specified an address for it on the deposition record, the moving party can use that address instead of tracking the deponent down for personal service.
The rule protects a nonparty from being bound by a court order without a real opportunity to learn about the motion and respond to it, since a nonparty deponent generally has less at stake in the litigation and less reason to be watching the case docket than a party does.
Frequently Asked Questions
How do you serve a motion to compel on a nonparty deponent in California?
By personal service of the notice and all moving papers, unless the deponent has agreed on the deposition record to accept mail or electronic service at a specified address, under Rule 3.1346.
Can you serve a nonparty deponent by mail instead of personal service?
Only if the nonparty deponent agreed, on the record made at the deposition, to accept mail or electronic service at a stated address.
Why does a nonparty deponent get different service treatment than a party in a discovery motion?
Because a nonparty deponent has no attorney of record in the case and less reason to be watching for filings, so Rule 3.1346 requires the more reliable method of personal service by default.
Amendment History
Rule 3.1346 amended effective January 1, 2016; adopted as rule 337 effective January 1, 1984; previously amended effective July 1, 1987; previously amended and renumbered as rule 3.1025 effective January 1, 2007; previously renumbered as rule 3.1346 effective January 1, 2009.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as: serving motion to compel nonparty deponent Californiapersonal service deposition motion California ruleCRC rule 3.1346 nonparty service