Written objection to defective deposition notice

3 days before date for which the deposition is scheduled, under Cal. Code Civ. Proc. 2025.410(a), (b).

Rule text

Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless that party promptly serves a written objection specifying that error or irregularity at least three calendar days prior to the date for which the deposition is scheduled, on the party seeking to take the deposition and any other attorney or party on whom the deposition notice was served.

Cal. Code Civ. Proc. 2025.410(a), (b), official source

Calculate this deadline

Deadline
Tuesday, November 3, 2026
  1. Trigger (Date for which the deposition is scheduled): Friday, November 6, 2026.
  2. Count back 3 calendar days: Tuesday, November 3, 2026.
Rules applied
Cal. Code Civ. Proc. 2025.410(a), (b)
Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless that party promptly serves a written objection specifying that error or irregularity at least three calendar days prior to the date for which the deposition is scheduled, on the party seeking to take the deposition and any other attorney or party on whom the deposition notice was served.
Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135."
Official source
  • Must be served 'promptly' AND at least 3 calendar days before. If served exactly 3 calendar days before, it must be personally served under CCP 1011 (2025.410(b)). Service must be complete by the deadline (no add-on benefit for the objector). If the 3rd day before falls on a weekend or holiday, CCP 2016.060 moves it to the next court day closer to the deposition; conservative practice is to serve by the preceding court day. If the last day falls on a weekend or holiday, CCP 2016.060 extends it "until the next court day closer to the trial date"; the date shown stays on the earlier court day pending attorney confirmation. [Validation 2026-11, Q0032. Authority: Cal. Code Civ. Proc. 2016.060]
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date for which the deposition is scheduled on Monday, March 15, 2027, personal service: due Friday, March 12, 2027.

  1. Trigger (Date for which the deposition is scheduled): Monday, March 15, 2027.
  2. Count back 3 calendar days: Friday, March 12, 2027.

Unsettled points

  • The calculator moves a weekend last day for these discovery acts back to the prior court day, the earlier date.Other reading: Under CCP 2016.060, the last day moves to the next court day closer to trial, one to three days later.

Notes

Must be served 'promptly' AND at least 3 calendar days before. If served exactly 3 calendar days before, it must be personally served under CCP 1011 (2025.410(b)). Service must be complete by the deadline (no add-on benefit for the objector). If the 3rd day before falls on a weekend or holiday, CCP 2016.060 moves it to the next court day closer to the deposition; conservative practice is to serve by the preceding court day. If the last day falls on a weekend or holiday, CCP 2016.060 extends it "until the next court day closer to the trial date"; the date shown stays on the earlier court day pending attorney confirmation. [Validation 2026-11, Q0032. Authority: Cal. Code Civ. Proc. 2016.060]

Related deadlines

All California civil deadlines

Local rules by county

County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.

Rules current as of 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.