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Most of the regulations
governing the taking of depositions in California
are found in the California Code of Civil Procedure, Sections 2020, 2023,
and 2025.
Here are some useful
references from the CCP pertaining to noticing and conducting depositions...
CCP 2025.90 - 7 Hour Deposition / Exceptions
(effective February 28, 2013)
2025.290 (a)
Except as provided in subdivision (b), or by any
court
order, including a case management order, a deposition examination of the
witness by all counsel, other than the witness'counsel of record, shall be
limited to seven hours of total testimony. The court shall allow additional
time, beyond any limits imposed by this section, if needed to fairly examine
the deponent or if the deponent, another person, or any other circumstance
impedes or delays the examination.
(b)
This section shall not apply under any of the following
circumstances:
(1)
If the parties have stipulated that this section will not
apply to a specific deposition or to the entire proceeding.
(2)
To any deposition of a witness designated as an expert
pursuant to Sections 2034.210 to 2034.310, inclusive.
(3)
To any case designated as complex by the court pursuant to Rule 3.400 of the
California Rules of Court, unless a licensed physician attests in a
declaration served on the parties that the deponent suffers from an illness
or condition that raises substantial medical doubt of survival of the
deponent beyond six months, in which case the deposition examination of the
witness by all counsel, other than the witness' counsel of record, shall be
limited to two days of no more than seven hours of total testimony each day,
or 14 hours of total testimony.
(4)
To any case brought by an employee or applicant for employment against an
employer for acts or omissions arising out of or relating to the employment
relationship.
(5)
To any deposition of a person who is designated as the most qualified person
to be deposed under Section 2025.230.
(6)
To any party who appeared in the action after the deposition has concluded,
in which case the new party may notice another deposition subject to the
requirements of this section.
(c)
It is the intent of the Legislature that any exclusions made by this section
shall not be construed to create any presumption or any substantive change
to existing law relating to the appropriate time limit for depositions
falling within the exclusion. Nothing in this section shall be construed to
affect the existing right of any party to move for a protective order or the
court's discretion to make any order that justice requires to limit a
deposition in order to protect any party, deponent, or other natural person
or organization from unwarranted annoyance, embarrassment, oppression, undue
burden, or expense.
Deposition Subpoena
Effective 2002...
2020 (c)
A deposition subpoena that commands only the attendance and the
testimony of the deponent shall specify the time when and the place
where the deponent is commanded to attend for the deposition. It shall
set forth a summary of (1) the nature of a deposition, (2) the rights
and duties of the deponent, and (3) the penalties for disobedience of
a deposition subpoena described in subdivision (h). If the deposition
will be recorded by videotape under paragraph (2) of subdivision (l)
of Section 2025, the deposition subpoena shall state that it will be
recorded in that manner. If the deponent is an organization, the
deposition subpoena shall describe with reasonable particularity the
matters on which examination is requested, and shall advise that
organization of its duty to make the designation of employees or
agents who will attend described in subdivision (d) of Section 2025.
2020 (d) (1) A deposition subpoena that commands only the
production of business records for copying shall designate the
business records to be produced either by specifically describing each
individual item or by reasonably particularizing each category of
item; however, specific information identifiable only to the
deponent's records system, such as a policy number or the date the
consumer interacted with the witness, shall not be required. This
deposition subpoena need not be accompanied by an affidavit or
declaration showing good cause for the production of the business
records designated in it. It shall be directed to the custodian of
those records or another person qualified to certify the records. It
shall command compliance in accordance with paragraph (4) on a date
that is no earlier than 20 days after the issuance, or 15 days after
the service, of the deposition subpoena, whichever date is later.
(2) If, under Section 1985.3 or 1985.6, the one to whom the
deposition subpoena is directed is a witness, and the business records
described in the deposition subpoena are personal records pertaining
to a consumer, the service of the deposition subpoena shall be
accompanied either by a copy of the proof of service of the notice to
the consumer described in subdivision (e) of Section 1985.3, or
subdivision (b) of Section 1985.6, as applicable, or by the consumer's
written authorization to release personal records described in
paragraph (2) of subdivision (c) of Section 1985.3, or paragraph (2)
of subdivision (c) of Section 1985.6, as applicable.
(3) The officer for a deposition seeking discovery only of
business records for copying under this subdivision shall be a
professional photocopier registered under Chapter 20 (commencing with
Section 22450) of Division 8 of the Business and Professions Code, or
a person exempted from the registration requirements of that chapter
under Section 22451 of the Business and Professions Code. This
deposition officer shall not be financially interested in the action,
or a relative or employee of any attorney of the parties. Any
objection to the qualifications of the deposition officer is waived
unless made before the date of production or as soon thereafter as the
ground for that objection becomes known or could be discovered by
reasonable diligence.
Deposition Notice
2025 (a) Any party may obtain discovery within the scope
delimited by Section 2017, and subject to the restrictions set forth
in Section 2019, by taking in California the oral deposition of any
person, including any party to the action. The person deposed may be a
natural person, an organization such as a public or private
corporation, a partnership, an association, or a governmental agency.
(b) Subject to subdivisions (f) and (t), an oral deposition may
be taken as follows:
(1) The defendant may serve a deposition notice without leave
of court at any time after that defendant has been served or has
appeared in the action, whichever occurs first.
(2) 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. 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.
(c) A party desiring to take the oral deposition of any person
shall give notice in writing in the manner set forth in subdivision
(d). However, where under subdivision (d) of Section 2020 only the
production by a nonparty of business records for copying is desired, a
copy of the deposition subpoena shall serve as the notice of
deposition. The notice of deposition shall be given to every other
party who has appeared in the action. The deposition notice, or the
accompanying proof of service, shall list all the parties or attorneys
for parties on whom it is served.
Where, as defined in subdivision (a) of Section 1985.3, the party
giving notice of the deposition is a subpoenaing party, and the
deponent is a witness commanded by a deposition subpoena to produce
personal records of a consumer, the subpoenaing party shall serve on
that consumer (1) a notice of the deposition, (2) the notice of
privacy rights specified in subdivision (e) of Section 1985.3 and in
Section 1985.6, and (3) a copy of the deposition subpoena.
(d) The deposition notice shall state all of the following:
(1)
The address where the deposition will
be taken.
(2) The
date of the deposition, selected under subdivision (f), and the time
it will commence.
(3) The name of each deponent, and the address and telephone
number, if known, of any deponent who is not a party to the action. If
the name of the deponent is not known, the deposition notice shall set
forth instead a general description sufficient to identify the person
or particular class to which the person belongs.
(4) The specification with reasonable particularity of any
materials or category of materials to be produced by the deponent.
(5) Any intention to record the testimony by audiotape or
videotape, in addition to recording the testimony by the stenographic
method as required by paragraph (1) of subdivision (l) and any
intention to record the testimony by stenographic method, through the
instant visual display of the testimony. In the latter event, a copy
of the deposition notice shall also be given to the deposition
officer. Any offer to provide the instant visual display of the
testimony or to provide rough draft transcripts to any party which is
accepted prior to, or offered at, the deposition shall also be made by
the deposition officer at the deposition to all parties in attendance.
(6) Any intention to reserve the right to use at trial a
videotape deposition of a treating or consulting physician or of any
expert witness under paragraph (4) of subdivision (u). In this event,
the operator of the videotape camera shall be a person who is
authorized to administer an oath, and shall not be financially
interested in the action or be a relative or employee of any attorney
of any of the parties.
Use of
Videotape of Deposition
2025 (l) (2) (I) If the deposition is being recorded by means
of audiotape or videotape, the following procedure shall be observed:
(I) A party intending to offer an audiotaped or videotaped
recording of a deposition in evidence under subdivision (u) shall
notify the court and all parties in writing of that intent and of the
parts of the deposition to be offered within sufficient time for
objections to be made and ruled on by the judge to whom the case is
assigned for trial or hearing, and for any editing of the tape.
Objections to all or part of the deposition shall be made in writing.
The court may permit further designations of testimony and objections
as justice may require. With respect to those portions of an
audiotaped or videotaped deposition that are not designated by any
party or that are ruled to be objectionable, the court may order that
the party offering the recording of the deposition at the trial or
hearing suppress those portions, or that an edited version of the
deposition tape be prepared for use at the trial or hearing. The
original audiotape or videotape of the deposition shall be preserved
unaltered. If no stenographic record of the deposition testimony has
previously been made, the party offering a videotape or an audiotape
recording of that testimony under subdivision (u) shall accompany that
offer with a stenographic transcript prepared from that recording.
Provision for
Suspending the Taking of a Deposition
2025 (n) The deposition officer shall not suspend the taking of
testimony without stipulation of the party conducting the deposition
and the deponent unless any party attending the deposition or the
deponent demands the taking of testimony be suspended to enable that
party or deponent to move for a protective order on the ground that
the examination is being conducted in bad faith or in a manner that
unreasonably annoys, embarrasses, or oppresses that deponent or party.
This motion shall be accompanied by a declaration stating facts
showing a reasonable and good faith attempt at an informal resolution
of each issue presented by the motion. The court, for good cause
shown, may terminate the examination or may limit the scope and manner
of taking the deposition as provided in subdivision
(i). If the order terminates the examination, the deposition shall not
thereafter be resumed, except on order of the court.
The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes or
opposes a motion for this protective order, 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.
Testimony
Transcribed and Costs Borne
2025 (p) Unless the parties agree otherwise, the testimony at
any deposition recorded by stenographic means shall be transcribed.
The party noticing the deposition shall bear the cost of that
transcription, unless the court, on motion and for good cause shown,
orders that the cost be borne or shared by another party.
Notwithstanding paragraph (2) of subdivision (k), any other party, at
that party's expense, may obtain a copy of the transcript. If the
deposition officer receives a request from a party for an original or
a copy of the deposition transcript, or any portion thereof, and the
document will be available to that party prior to the time the
original or copy would be available to any other party, the deposition
officer shall immediately notify all other parties attending the
deposition of the request, and shall, upon request by any party other
than the party making the original request, make that copy of the full
or partial deposition transcript available to all parties at the same
time.
Use of Rough Draft Transcripts
2025 (r) (2) When prepared as a rough draft transcript, the
transcript of the deposition may not be certified and may not be used,
cited, or transcribed as the certified transcript of the deposition
proceedings. The rough draft transcript may not be cited or used in
any way or at any time to rebut or contradict the certified transcript
of deposition proceedings as provided by the deposition officer. |
