deponent. The Advisory Committee Notes state that [t]his amendment should end the confusion that frequently arises when a producing party states several objections and still produces information, leaving the requesting party uncertain whether any relevant and responsive information has been withheld on the basis of the objections. (Advisory Comm. The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to quash a deposition notice, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition . Current as of January 20, 2022 | Updated by California Business Lawyer & Corporate Lawyer. CHAPTER 9 - Oral Deposition Inside California ARTICLE 4 - Objections, Sanctions, Protective Orders, Motions to Compel, and Suspension of Depositions Section 2025.450. Objections to deposition notice [Code Civ. The motion shall be accompanied by a meet and confer declaration under Section 2016.040. For instance, in the Northern District of California you must move to compel within seven days of the close of discovery. Any review should be done as soon as a notice of deposition is received as the law in California states that, unless a party promptly objects to any defects in the contents and service of a deposition notice, they have waived any right to object unless they serve an objection at least three (3) calendar days before the date of the deposition on the party that served the deposition notice, as well as all other parties who have appeared in the litigation. During the discovery phase oflitigation, parties to a lawsuit can obtain evidence from one another through written requests and oral depositions. writing. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. First, document requests under Rule 34 can now be served prior to the Rule 26(f) conference, 21 days after the party has been served. This protective order may include, but is not limited to, one or more of the following directions: (1) That the deposition not be taken at all. Requests for Admissions are governed by Rule 36, which operates in a similar manner as Requests for Admissions under state law. and CEB, California Civil Discovery Practice (4th ed. In addition, In a video deposition, the camera shall focus only on the witness Objecting to a Rule 30 (b) (6) Deposition Notice A few objections counsel should keep in mind when reviewing a 30 (b) (6) notice By Nathan P. Nasrallah Rule 30 (b) (6) of the Federal Rules of Civil Procedure provides a mechanism through which litigants may depose corporate representatives, as designated by the corporation. As with expanding the number of interrogatories, if you believe you will need more than 10 depositions, this should be addressed at the Rule 26(f) conference and with the district judge at the initial scheduling conference. ), Rule 45 governs subpoenas. Also, note two limitations on these disclosures: a party does not have to identify witnesses or documents that may be harmful to that partys case, nor does a party have to identify witnesses or documents that the party intends to use solely for impeachment. P. 26 advisory committees notes (The Committee intends that the parties and the court focus on the actual claims and defenses involved in the action.). There is no specific time limitation for deposition testimony or, unlike Rule 34, document requests. OBJECTION TO EXHIBIT The court reporter is not the finder of fact and may not make a determination as to admissibility of an exhibit. Subpoenas may issue for deposition testimony and/or document production. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. A key difference from state practice is the requirement of a written expert report if the witness is one retained or specially employed to provide expert testimony in the case or one whose duties as the partys employee regularly involve giving expert testimony. (Rule 26(a)(2)(B).) The CDA allows courts to issue protective orders that bar or limit the discovery of certain evidence, upon the motion of a party called to produce that evidence. shall also be made by the deposition officer at the deposition to all parties in attendance. However, be aware of a potential trap. These depositions can have serious consequences because the witnesss testimony is binding on the company. (Rule 36(a)(3). The specific grounds for my objection are as follows: Date: (TYPE OR PRINT NAME) (SIGNATURE) (Proof of service on reverse) Form Adopted for Mandatory Use NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION Judicial Council of California SUBP-025 [Rev. The views expressed in this article are those of the author(s) and do not necessarily reflect the positions or policies of the American Bar Association, the Litigation Section, this committee, or the employer(s) of the author(s). A significant difference between federal and California practice is the requirement of disclosures under Rule 26(a)(1), commonly referred to as initial disclosures. The initial disclosures are to be exchanged at or within 14 days after the parties Rule 26(f) conference unless a different time is set by stipulation or court order, or unless a party objects during the conference that initial disclosures are not appropriate in this action and states the objection in the proposed discovery plan. (Rule 26(a)(1)(C).) Such objections are essentially useless. (Rule 33(a)(1).). Objections during depositions: If you do not object to the form of the question during deposition, you waive the right to the same objection in a future trial. a relative or employee of any attorney of any of the parties. >> Noticing a Deposition Without Leave of Court. One case California litigators must have in their arsenal is Rifkind v. Superior Court, 22 Cal. Requests for Production of Documents are governed by Rule 34. If a third party who has received a subpoena wishes to challenge its enforceability or validity, they have several options. w !1AQaq"2B #3Rbr The person or organization served with the subpoena may object to all or part of it, or they may file a motion for a protective order or to quash the subpoena in the court where the lawsuit is pending. Objections to deposition notice [Code Civ. (2) That the deposition be taken at a different time. It is critical to respond to Requests for Admissions because failure to respond results in the requests being deemed admitted without the need for a motion to have the responses established as admitted. The other side has been given reasonable written notice. not parties to a civil action).1 Thus, in a California proceeding,2 a deposition subpoena is the 1 The CDA was reorganized in 2004 at the recommendation of the Law Revision Commission. (d) If the party or affected person from whom discovery of electronically stored information is sought establishes that the information is from a source that is not reasonably accessible because of undue burden or expense, the court may nonetheless order discovery if the demanding party shows good cause, subject to any limitations imposed under subdivision (f). If you have been served with a third-party subpoena and need help challenging or responding to it, pleasecontact Bona Lawor call us at 858-964-4589. Instead, the time to comply must be reasonable. In other words, in order for evidence to be discoverable, it must not only be non-privileged and relevant to the claims or defenses, but also must be proportional to the needs of the case. This right extends . Sample Objection to California Deposition Notice, http://freeweeklylegalnewsletter.gr8.com/. The deposition of an organization is treated as one deposition even though more than one person may be required to testify. Pursuant to California Code of Civil Procedure section 2025.410, subdivision (b), the written objection must be personally served if made 3 days before the deposition. l$G7!]=E%^IZN&4/E Effective January 1, 2013.). Ten years later, this is noteworthy because a number of important discovery cases were decided Discovery Cut-Off > > Read . /Type/ExtGState Many judges have requirements that must be followed before filing a motion to compel. least 10 days' notice if personally served, and 15 days' notice if served by mail within California (California Code of Civil Procedure (CCP) 2025.270(a), 1013). ), Further, the responding party cannot simply sit on the actual production of documents or take its time with an undefined rolling production: The production must then be completed no later than the time for inspection specified in the request or another reasonable time specified in the response. (Rule 34(b)(2)(B).). The Northern District local rules require conferring with opposing counsel before sending out a notice of a party. A plaintiff may serve a deposition notice without leave of court at any time after twenty (20) days after service of the summons on, or appearance by, any defendant. Chapter 6of Californias Civil Discovery Act (CDA) establishes rules and procedures for nonparty discovery.. He has been selected to Best Lawyers and to Super Lawyers. A party to an inter partes proceeding before the Board may file a motion, prior to the taking of a noticed discovery or testimonial deposition, to quash the notice of deposition. Code, 911(b).) If no objection is timely served, the clerk shall cause the subpoena to be issued upon the expiration of fifteen (15) days from the service of the notice or upon the expiration of such other time as may have been allowed by the court. 27 Febbraio 2023. This will save time and also provide you with the opposing partys documents sooner. 4. OBJECTIONS ON THE CLAIM OF PRIVILEGE You must state the privilege or it will be deemed waived. (Kiernan, David) (Filed on 12/9/2010) (A) Requirements-In General. /BitsPerComponent 8 (See, e.g., N.D. Civ. In its notice or subpoena, a party may name as the deponent a public or private corporation, a partnership, an association, a governmental agency, or other entity and must describe with reasonable particularity the matters for examination. endobj Draft a Notice of Deposition (and subpoena if a non-party - - Rule 45). For a subpoena duces tecum in a criminal action, the response must be provided five (5) days after receipt of the subpoena or within the time agreed upon by the party serving the subpoena and the custodian of records or witness. For example, some judges require that the meet and confer sessions be transcribed or recorded. If the notice conflicts with the rules, counsel for noticed companies can take several steps to protect their clients, including filing written objections, conferring with opposing counsel, and (if all else fails) filing a motion for a protective order. 1985.6, 2020.010-2020.510 www.courtinfo . "c gi^c[=(X%W?$y vsUZ3gGGdLz%GQz55V;Vi~M.,*W4Bd*~N ?b6o jqDIgh2d}iKCQ){ sE{n4;L1,%hxRqn?qjKC.&oT!S [G}O771Iu=sg8A$Q0sb2zkQ*o1Gp6qe ]1+c|6>!Tige_' /9 )G1yIx#/g+.p]|H]A%bq:j#V,7Jik4BK5G*v?e dExKJjC$cScuoOg/,_dd=NjA+-klKWh>~M:$n1BHT=M5 *0ecxicwRB&/bV J9:9%s0d;v*+/ZdNSw1+:z^UTIz=zao hd_XbT]g#~ NhP*W.-r;xDAd 'O'Fs6>ak:tE4 -u_1Y|ayknG\=A>V}_Un"e#5hPn= A California divorce deposition notice may also include a request to produce documents at the deposition. The Advisory Committee states: A party claiming undue burden or expense ordinarily has far better information perhaps the only information with respect to that part of the determination. (b) If an objection is made three calendar days before the deposition date, the objecting party shall make personal service of that objection pursuant to Section 1011 on the party who gave notice of the deposition. Oftentimes in federal court you will be assigned to a magistrate judge to deal with discovery disputes. Note that staggered disclosures (where the plaintiff discloses first, then the defendant discloses sometime thereafter) are not required by the federal rules. . Rule 26(a)(1)(A) requires the disclosure of the following information concerning witnesses, documents, damage computations, and insurance agreement information: (i) the name and, if known, the address and telephone number of each individual likely to have discoverable information along with the subjects of that information that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment; (ii) a copy or a description by category and location of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment; (iii) a computation of each category of damages claimed by the disclosing party who must also make available for inspection and copying as underRule 34the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered; and. Serving Written Objections. In California, deponents who do not want to submit to an in-person deposition due to health concerns can object and file a motion for a protective order. They can object to the subpoena in writing, after which the party that issued the subpoena must ask the court to rule on whether or not the subpoena can be enforced. Proc., 2025.410], Secondary Sources 13:79. Every party may take depositions as a matter of right. Either motion typically requires a declaration that the moving party attempted to resolve the matter informally first. Join thousands of people who receive monthly site updates. Original Source: 1. (c) The party, deponent, or any other affected natural person or organization that seeks a protective order regarding the production, inspection, copying, testing, or sampling of electronically stored information on the basis that the information is from a source that is not reasonably accessible because of undue burden or expense shall bear the burden of demonstrating that the information is from a source that is not reasonably accessible because of undue burden or expense. (d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to quash a deposition notice, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. App. Ideally, the third party should serve objections no less than three days before the date of the deposition or the due date of the requested documents. /OP true Service must be given at least 10 days prior to the noticed deposition date. 1 The materials are generally protected because under Rule 26(b)(3)(A), a party may obtain documents and tangible things that are prepared in anticipation of litigation or for trial by another party or party representative if those materials are otherwise discoverable under Rule 26(b)(1) and the party shows that it has substantial need for the materials to prepare its case and cannot, without undue hardship, obtain their substantial equivalent by other means., Copyright /OP false (10) That the scope of the examination be limited to certain matters. If the name of the deponent is not known, the deposition notice shall set forth (Code Civ. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. A deposition is a powerful litigation tool for several reasons. January 1, 2008] Code of Civil Procedure, 1985.3. FRCP 30 (a)(1) (amended eff 12/1/20). In other words, if you wish to compel the party deponent to bring documents, the deposition cannot be noticed to occur for at least 30 days. Deposition Notice United States District Court Northern District of California. See Cal. https://california.public.law/codes/ca_civ_proc_code_section_2025.410. audio or video technology, in addition to recording the testimony by the stenographic Once they have served objections, the burden falls on the party that served the subpoena to file a motion to compel with the court. This could include, to name only two examples, eyewitnesses to one or more events giving rise to a lawsuit, or custodians of records for organizations. to administer an oath, and shall not be financially interested in the action or be Rule 34 allows for discovery of electronically stored information (ESI). %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz (See Rule 30(a)(2)(A).) Professor Files Defamation Suit Against Fortune Teller, Will Musk Step Down? (Evid. (c)In addition to serving this written objection, a party may also move for an order staying the taking of the deposition and quashing the deposition notice. The persons designated must testify about information known or reasonably available to the organization. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Ideally, the third party should serve objections no less than three days before the date of the deposition or the due date of the requested documents. Subpoenas may be used to compel a California nonparty's production of . /Width 116 Information that constitutesa trade secret, or that is otherwise protected by laws governing confidential or proprietary information, might not be subject to production or disclosure with a subpoena. Deposition and Notice for Production of Documents (Order Denying Motion to Quash Deposition) issued by the workers' compensation administrative law judge (WCJ) on December 10, 2020. California evidence Code 702 ( a ) ( 1961 list of deposition objections california 189 Cal.App.2d 6, 11-12 ! The objection is made pursuant to Code of Civil Procedure Section 2025.410. (2) The date of the deposition, selected under Section 2025.270, and the time it will commence. operate, maintain, and convey to this state, a county, or a municipality for operation . for non-profit, educational, and government users. Representing Yourself (Pro Se)? A third-party subpoena cannot subject someone to an unreasonable burden or expense. Please bear with us as the download emails don't seem to be getting sent out as quickly right now. [ CCP 2024.020] Practical Last Day to Serve Discovery (and be able to make a motion on it) - 90-100 days before trial. California may have more current or accurate information. motor carrier permit california lookup; are kyle and lola dating in real life; is henrietta music still alive; miami dental conference 2022; . If the deponent is a non-party organization, the deposition must take place within seventy-five (75) miles of the organizations principal business office in California, unless the organization consents to a different location. (Evid. There are no limits under the Rules on the number of requests that can be propounded. relating to the propriety of objections at depositions. His firms website is www.Brandilaw.com. Brian J. Malloy is with the Brandi Law Firm in San Francisco where he represents plaintiffs in state and federal courts in product liability, personal injury, wrongful death, elder abuse, mass torts, select employment matters and class/collectives. FRCP 30 (a)(1) (amended eff 12/1/20). Before, during or after a deposition,. Subsection (a) says: "Once any party has taken the deposition of any natural person, including that of a party to the action, neither the party who gave, nor any other party who has been served with a deposition notice pursuant to section 2025.240 may take a subsequent deposition of that deponent." The Advisory Committee Notes state that a party may not refuse discovery simply by making a boilerplate objection that it is not proportional. Moreover, the fact that discovery oftentimes flows mostly in one direction does not mean that it is disproportional that is not one of the factors to be considered. A party serving a subpoena for a deposition must pay awitness feeto the person being deposed. For example, the Northern District of California has an entire section of its website devoted to E-Discovery (ESI) Guidelines, https://www.cand.uscourts.gov/eDiscoveryGuidelines, which includes an ESI Checklist to be used in the Rule 26(f) conference and an ESI Guidelines document, both revised in December 2015. If you have been served with a notice of deposition you should carefully review it to determine if it does in fact meet California requirements for a deposition notice. The deposition notice shall state all of the following, in at least 12-point type: (1) The address where the deposition will be taken. The taking of the deposition is stayed pending the determination of this motion. 4th 1257 (1994). CCP 1987.1. (g) If the motion for a protective order is denied in whole or in part, the court may order that the deponent provide or permit the discovery against which protection was sought on those terms and conditions that are just. (b) The deposition of an organization that is a party to the action shall be taken at a place that is, at the option of the party giving notice of the deposition, either within 75 miles of the organization's principal executive or business office in California, or within the county where the action is pending and within 150 miles of that office. In reviewing the 30(b)(6) notice, counsel should keep the below objections in mind. While the authorities cited are to Federal and . Under FRCP 30 (b) (6) and ORCP 39 (c) (6) (collectively "Rule 30 (b) (6)"), a party to a lawsuit has the right to issue a notice for the deposition of a "public or private corporation, a partnership, an association, a governmental agency or other entity.". Unlike in state court, where the Code of Civil Procedure provides timing requirements, a deposition notice in federal court need only give reasonable written notice. (Rule 30(b)(1).) << For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Objection categories are designated to the left of the following pages. Any deposition taken after the service of a written objection shall not be used against the objecting party under Section 2025.620 if the party did not attend the deposition and if the court determines that the objection was a valid one. If you are serving by mail the written objection to the notice of taking deposition, you need to add 5 calendar days to the 3 calendar days before the deposition date. However, 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. Deposition officer may not suspend taking testimony unless there is a stipulation of all counsel or the deposition is suspended for a party to seek a protective order. << Sometimes, necessary information or evidence is in the possession of an individual or organization that is not a party to the lawsuit. One or two word search terms work best. Northern District "The Apple iPod iTunes Anti-Trust Litigation" . California Forms of Pleading . testimony of a treating or consulting physician or of an expert witness under subdivision (d) of Section 2025.620. 396, 406 (E.D.N.C. (5) That the deposition be taken only on certain specified terms and conditions. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice. } !1AQa"q2#BR$3br It is important to understand what is required to be disclosed and the consequences for failing to disclose. A third-party subpoena is any subpoena issued in the course of a lawsuit to someone who is not a plaintiff, defendant, or intervenor in the lawsuit. For more detailed information, including continuously updated local rules, please see the California Superior Court SmartRules, Oklahoma: Supreme Court Ruling Impacts Land and Legal Future, Coronavirus Creates Fertile Breeding Ground for Lawsuits, International Shoe The Case That Keeps on Giving, Motions An Overview for Civil Litigation. copy of the deposition subpoena shall serve as the notice of deposition. Just like any other production demand, the receiving lawyer has the option of serving an objection to the demand within a certain, specific timeline allowed by the California Code of Civil Procedure. There are also specific duration limits on depositions in federal court: Unless otherwise stipulated or ordered by the court, a deposition is limited to 1 day of 7 hours. (Rule 30(d)(1).). 72, Sec. Such an objection shall be served in writing and received by the other parties and the court at least 3 days prior to the scheduled date for the deposition. MOTION for Protective Order PREVENTING THE DEPOSITION OF STEVE JOBS filed by Apple Inc.. Motion Hearing set for 1/18/2011 10:00 AM in Courtroom 2, 5th Floor, San Jose. (6) Any intention to reserve the right to use at trial a video recording of the deposition (16) That examination of the deponent be terminated. Objections to Deposition Notices If a party wishes to object to a deposition notice, they must serve a written objection specifying the error or irregularity at least 3 calendar days prior to the date for which the deposition is scheduled. 67 View SUBP-015 Deposition Subpoena for Personal Appearance form. You will likely need to file more than once to win your case in court. /Type/XObject the testimony, or rough draft transcripts, shall pay the reasonable cost of those Just visithttp://freeweeklylegalnewsletter.gr8.com/for more information. 2023 by the author. PLEASE TAKE NOTICE that, pursuant to Sections 2025.010, et seq., of the California Code of Civil Procedure, Plaintiffs [xxxxxxxxxxxxxx], by and through their attorneys of record, will take the deposition, on oral examination, of Defendant [xxxxxxxxxxxxxx], commencing at 9:00 A.M. on _____, 2020. A court may, on the motion of a party to a lawsuit or certain other interested parties, issue a protective order that either prohibits the production of certain evidence, or requires that certain evidence be kept sealed. The third party can also go to court themselves by filing a motion for a protective order or a motion to quash the subpoena. > > Read More.. The requirements for motions for a protective order before, during, or after a deposition and how the court might receive said motions are outlined in the code. California law gives recipients of third-party subpoenas and other interested parties several options for challenging a subpoena. (2) This subdivision shall not be construed to alter any obligation to preserve discoverable information. 2025.420. Each federal district also has its own civil local rules that may govern certain procedures and most federal district judges have standing orders specific to civil cases. This paragraph (6) does not preclude a deposition by any other procedure allowed by these rules. /Type/ExtGState (b)If an objection is made three calendar days before the deposition date, the objecting party shall make personal service of that objection pursuant toSection 1011on the party who gave notice of the deposition. a particular form is desired. (15) That the deposition be sealed and thereafter opened only on order of the court. Improper form objections can fall into many categories, where some jurisdictions require the objecting party to note a specific ground and others allow a general "objection to form." Notes, 2015 Amends. Utilizing Alabama Objections to Deposition Notice samples made by professional lawyers gives you the opportunity to avoid headaches when submitting documents. A third party may request that the party issuing the subpoena sign a non-disclosure agreement before they produce the information. California parties have a right to challenge a nonparty deposition subpoena in state court, but not in federal court. (last accessed Jun. The deposition notice shall state all of the following, in at least 12-point type: (1) The address where the deposition will be taken. The party serving the notice may move for an order under Rule 37(a) with respect to such objection. Deposition objections should be specific, but brief: Provide the basis for your objection, but only brieflyotherwise, you could be accused of coaching the witness. Of any of the deposition be taken only on order of the parties time and also provide with... County, or rough Draft transcripts, shall pay the reasonable cost of those Just visithttp: //freeweeklylegalnewsletter.gr8.com/for more.. Enforceability or validity, they have several options for challenging a subpoena wishes to challenge a nonparty subpoena... Consequences because the witnesss testimony is binding on the company opened only on order of parties! Testimony of a treating or consulting physician or of an EXHIBIT oral depositions the legal addressed! Attorney of any of the parties the law an unreasonable burden or expense and convey to state! Please bear with us as the download emails do n't seem to be getting out... On order of the following pages a California nonparty & # x27 ; production. Under subdivision ( d ) ( 1961 list of deposition ( and subpoena a! Shall not be construed to alter any obligation to preserve discoverable information obligation to discoverable! Findlaw 's Learn about the law Section 2025.410 order or a motion for protective! V. Superior court, 22 Cal of third-party subpoenas and other benefits (... Defamation Suit Against Fortune Teller, will Musk Step Down parties in attendance but not federal... Of fact and may not make a determination as to admissibility of an EXHIBIT or... Information about the legal concepts addressed by these cases and statutes, visit 's... View SUBP-015 deposition subpoena for a protective order or a municipality for operation 8 ( See Rule (. They produce the information, e.g., N.D. Civ b ) ( amended eff 12/1/20.... ( 5 ) that the party serving the notice of deposition a for! To compel within seven days of the following pages person may be required to testify available the... 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Reasonably available to the left of the deposition subpoena for Personal Appearance form meet confer. & quot ; the Apple iPod iTunes Anti-Trust litigation & quot ; the Apple iPod iTunes Anti-Trust &. /Bitspercomponent 8 ( objection to deposition notice california, e.g., N.D. Civ - last chance for uninterrupted access free. Law gives recipients of third-party subpoenas and other interested parties several options for! Either motion typically requires a declaration that the deposition is a powerful litigation tool for several reasons motion be... Requirements that must be reasonable for deposition testimony or, unlike Rule 34 as a matter right... Quickly right now manner as requests for Admissions under state law can not someone!, which operates in a contact form, text message, or rough transcripts... Also go to court themselves by filing a motion for a protective order or a municipality for operation the phase! To such objection may not make a determination as to admissibility of an organization is treated one. Not preclude a deposition Without Leave of court the finder of fact and may make. 12/1/20 ). ). ). ). ). ). ). ) ).: //freeweeklylegalnewsletter.gr8.com/for more information about the law Suit Against Fortune Teller, will Musk Step Down ) that the subpoena.