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(b) The plaintiff may serve a deposition notice without leave of court on any date that is 20 days after the service of the summons on, or appearance by, any defendant. On motion with or without notice, the court, for good cause shown, may grant to a plaintiff leave to serve a deposition notice on an earlier date.
A deposition subpoena requires a non-party to testify and/or produce documents during the informal pre-trial discovery phase of the lawsuit. A deposition will take place outside the courtroom, usually in an attorney's office. In contrast, a subpoena to testify or subpoena duces tecum (to produce documents) requires a non-party to testify and/or produce documents in a formal court hearing. A deposition subpoena must be accompanied by a Notice of Deposition to be valid. The Notice of Deposition will state the time and date of the deposition. The deponent must also be given advance notice of the deposition date.