What is the legal test for making a motion for a commission to take a deposition?

California, United States of America


The following excerpt is from Dow Chemical Co. v. Superior Court, 2 Cal.App.3d 1, 82 Cal.Rptr. 288 (Cal. App. 1969):

The petitioner in this case, in moving for a commission to take a deposition is, essentially, in the same position as a litigant who seeks an order under section 2034, subn. (a), to compel an answer when a deponent refuses to answer a question upon the taking of his deposition. Since the statute does not require any showing of good cause for the taking of a deposition, normally the mere interposing of an objection or refusal of a deponent to answer a question does not place a burden of showing good cause on the party seeking disclosure. Rather, the statute requires a showing of good cause by a person who seeks to resist or restrict the right to take a deposition by invoking the discretion of the court to issue a protective order. 5 (Kramer v. Superior Court, supra, 237 Cal.App.2d 753, 756, 47 Cal.Rptr. 317.)

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