(a) The party who prepares a notice of deposition shall give the notice to every other party who has appeared in the action. The deposition notice, or the accompanying proof of service, shall list all the parties or attorneys for parties on whom it is served.
§ 2025.240.240
Title 4. Civil Discovery Act · Chapter 9. Oral Deposition Inside California · Article 2. Deposition Notice · Last amended 2007 · Last verified July 29, 2026
In one sentenceSection 2025.240 requires the party noticing a deposition to serve it on every other appearing party, and imposes extra notice, privacy-rights information, and subpoena-copy requirements when the deposition compels a nonparty to produce a consumer's personal records or an employee's employment records.
Full Text of § 2025.240
(b) If, as defined in subdivision (a) of Section 1985.3 or subdivision (a) of Section 1985.6, the party giving notice of the deposition is a subpoenaing party, and the deponent is a witness commanded by a deposition subpoena to produce personal records of a consumer or employment records of an employee, the subpoenaing party shall serve on that consumer or employee all of the following:
(1) A notice of the deposition.
(2) The notice of privacy rights specified in subdivision (e) of Section 1985.3 or in subdivision (e) of Section 1985.6.
(3) A copy of the deposition subpoena.
Plain-English Summary
Depositions do not happen in a vacuum between the noticing party and the deponent; every other party in the case has a right to know one is happening, and this section makes that automatic. Whoever prepares the notice must serve it on every party who has appeared, and the notice or its proof of service has to list everyone it went to.
The section adds a distinct layer of protection when the deposition targets a consumer's personal records or an employee's employment records held by someone else, through the deposition-subpoena mechanism found elsewhere in the Act. In that situation, the subpoenaing party must also serve the consumer or employee whose records are at stake with a copy of the notice, a statement of that person's privacy rights, and a copy of the subpoena itself, so the person whose records are on the line can object or move to quash before the records go out the door.
Finally, whenever attendance is being compelled by a deposition subpoena rather than notice alone, an identical copy of that subpoena has to travel along with the deposition notice, keeping the paper trail complete for everyone served.
Frequently Asked Questions
Who must be served with a deposition notice?
Every party who has appeared in the action.
What extra protections apply when a subpoena seeks a consumer's or employee's records?
The subpoenaing party must serve the consumer or employee with a notice of the deposition, a notice of privacy rights, and a copy of the subpoena.
Must a subpoena accompany the deposition notice?
Yes, whenever attendance is being compelled by a deposition subpoena, an identical copy must be served along with the notice.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005. Amended by Stats.2007, c. 113 (A.B.1126), § 5.)
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: consumer records subpoena deposition notice californiaemployee records deposition privacy notice