Bader

In civil litigation, discovery may be obtained from a nonparty only through a “deposition subpoena.” (Code Civ. Proc., § 2020.010, subd. (b); section references are to the Code of Civil Procedure unless otherwise indicated.) The Civil Discovery Act (Act) (§ 2016.010 et seq.) authorizes a nonparty’s “oral deposition,” “written deposition,” and “deposition for [the] production of business records” (§ 2020.010, subd. (a)(l)-(3)).

A deposition subpoena for business records directs a nonparty’s “custodian of records” to deliver a copy of the requested documents to a “deposition officer” or to make the original documents available to the subpoenaing party for inspection and copying. (§§ 2020.410, subd. (c), 2020.430, subds. (a)-(e).) The Act refers to the custodian of records as the “deponent.” (§§ 2025.280, subd. (b), 2020.230, subd. (b)).

If a deponent fails to produce a requested document under his or her control, the subpoenaing party may bring a motion to compel production “no later than 60 days after the completion of the record of the deposition.” (§ 2025.480, subd. (b), italics added.)

The question on appeal is whether this 60-day limit applies to a subpoena for…