Motion to compel an answer or production at a deposition
If a deponent refuses to answer a question or produce a document at a deposition, a motion to compel must be made no later than 60 days after the record of the deposition is completed.
- CCP 2025.480(b)
- CCP 12a
Find your motion deadline
Refusal to answer or produce at a deposition.
Usually when the reporter certifies the transcript.
Holidays and court closures
California judicial holidays under CCP 135 are always skipped, including Lincoln's Birthday, Cesar Chavez Day and Native American Day.
For weather or emergency closures. Check the court's notice to confirm it extends deadlines.
How the deadline is counted
- Find when the record was completed. Courts generally treat this as when the transcript is certified by the reporter, not the date of the deposition.
- Count 60 days.
- Move past closed days to the next court day.
Worked examples
| Example | Record completed | Deadline |
|---|---|---|
| Record completed in October | Mon, Oct 26, 2026 | Mon, Dec 28, 2026 |
| Record completed in August | Mon, Aug 3, 2026 | Fri, Oct 2, 2026 |
The motion must include a meet and confer declaration (CCP 2025.480(b)). A separate statement is generally required under rule 3.1345. This deadline is for refusals at the deposition itself. A motion to compel attendance by a deponent who did not appear follows CCP 2025.450, which has no 60-day limit.
Common questions
When must a motion to compel deposition answers be filed in California?
No later than 60 days after the record of the deposition is completed.
Does it run from the deposition date?
No. It runs from completion of the record, usually when the reporter certifies the transcript.
Is meet and confer required?
Yes. The motion must be accompanied by a meet and confer declaration.
Sources
- Code of Civil Procedure, section 2025.480
- California Rules of Court, rule 3.1345
Rules last checked October 2026. This calculator does not give legal advice. Confirm the date against the rule and any order in your case.