Legal Depositions Requirements

The Following is an excerpt from the California Code for DEPOSITION BY WRITTEN QUESTIONS  requirement. 

CODE OF CIVIL PROCEDURE

SECTION 2028.010-2028.080


CHAPTER 3. Administration of Oaths and Affirmations [2093 - 2094] ( Chapter 3 enacted
1872.)


CCP 2093.
(a) A court, judge or clerk of a court, justice, notary public, and officer or person authorized to
take testimony in an action or proceeding, or to decide upon evidence, has the power to
administer oaths and affirmations.

Gov. code 8205 . (a) It is the duty of a notary public, when requested: (3) To take depositions
and affidavits, and administer oaths and affirmations, in all matters incident to the duties of the
office, or to be used before any court, judge, officer, or board. Any deposition, affidavit, oath, or
affirmation shall be signed by the notary public in the notary public’s own handwriting .

 

CCP 2025.310.
(a) A person may take, and any person other than the deponent may attend, a deposition by
telephone or other remote electronic means.


(b) The court may expressly provide that a non-party deponent may appear at the deposition by
telephone if it finds there is good cause and no prejudice to any party. A party deponent shall
appear at the deposition in person and be in the presence of the deposition officer.


(c) The procedures to implement this section shall be established by court order in the specific
action or proceeding or by the California Rules of Court.


(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by
Sec. 64 of Ch. 182.)


CCP 2025.320. DEPOSITION OFFICER
Except as provided in Section 2020.420 , the deposition shall be conducted under the
supervision of an officer who is authorized to administer an oath and is subject to all of the
following requirements:


(a) The officer shall not be financially interested in the action and shall not be a relative or
employee of any attorney of the parties, or of any of the parties.


(b) Services and products offered or provided by the deposition officer or the entity providing
the services of the deposition officer to any party or to any party's attorney or third party who is
financing all or part of the action shall be offered to all parties or their attorneys attending the
deposition. No service or product may be offered or provided by the deposition officer or by the
entity providing the services of the deposition officer to any party or any party's attorney or third
party who is financing all or part of the action unless the service or product is offered or provided
to all parties or their attorneys attending the deposition. All services and products offered or
provided shall be made available at the same time to all parties or their attorneys.

 

(c) The deposition officer or the entity providing the services of the deposition officer shall not
provide to any party or any party's attorney or third party who is financing all or part of the action
any service or product consisting of the deposition officer's notations or comments regarding the
demeanor of any witness, attorney, or party present at the deposition. The deposition officer or
entity providing the services of the deposition officer shall not collect any personal identifying
information about the witness as a service or product to be provided to any party or third party
who is financing all or part of the action.


(d) Upon the request of any party or any party's attorney attending a deposition, any party or
any party's attorney attending the deposition shall enter in the record of the deposition all
services and products made available to that party or party's attorney or third party who is
financing all or part of the action by the deposition officer or by the entity providing the services
of the deposition officer. A party in the action who is not represented by an attorney shall be
informed by the noticing party or the party's attorney that the unrepresented party may request
this statement.


(e) Any objection to the qualifications of the deposition officer is waived unless made before the
deposition begins or as soon thereafter as the ground for that objection becomes known or
could be discovered by reasonable diligence.


(f) Violation of this section by any person may result in a civil penalty of up to five thousand
dollars ($5,000) imposed by a court of competent jurisdiction.


Distinguish: CCP § 2028.080 only requires that the deposition officer "record" deponent's
testimony. In 1978 the legislature deleted the sentence: "In addition to any other means
specified in the deposition notice, the testimony taken at a written deposition shall be recorded
stenographically." Thus, the propounding party may arrange to have electronic recording, only,
and may thereby significantly reduce the cost of a lengthy deposition, as well as capture the
witness's demeanor and inflection.


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