There are a lot of deposition rules in California. Let’s get started with some of them.
What Is A Deposition In California?
A deposition is a procedure which forces someone to give testimony under oath. CCP ¶¶ 2002, 2004.
It is a common discovery tool.
When Can You Take A Deposition?
If you’re the plaintiff, you can take a deposition of a person 20 days after either serving the defendant, or an appearance by the defendant. If you’re the defendant, you can take the deposition of a person after you’ve been served or appeared. CCP § 2025.210.
Who Can Be Deposed?
Basically any person can be deposed. “Person” means natural persons, like people, and juridicial persons like businesses, governments, etc. In theory you could depose opposing counsel, although that would start a fight you’d likely lose.
Natural persons should only be deposed once. CCP ¶ 2025.610.
You depose juridicial persons, or entities, by examining officers or agents designated to testify on its behalf. CCP § 2025.010. This is known as a PMQ deposition. The deposition notice should indicate “with reasonable particularity” the expected areas of testimony.
Where Can The Deposition Be Held?
The party setting the deposition selects the location of the deposition. The deposition of a natural person can be held either 1) within 75 miles of the deponent’s residence; or 2) in the county where the lawsuit is filed and within 150 miles of the deponent’s residence. CCP ¶ 2025.250(a). The deposition of a juridical person can be held either 1) within 75 miles of the entity’s principal California office; or 2) in the county where the lawsuit is filed and within 150 miles of the deponent’s office. CCP ¶ 2025.250(b).
How To Take A Deposition?
You need to serve a notice of deposition to take the deposition of a party. CCP § 2025.220(a). The notice should contain the following information:
- Date, time, and address where the deposition will take place
- The deponent’s name
- Any intention to record the deposition by video
To take the deposition of a non-party, you need to serve a subpoena. CCP ¶ 2020.020.
Do You Need A Judge’s Permission To Take A Deposition?
You don’t need a judge’s permission to take a deposition. Parties usually work together to identify who should be deposed and when. CCP § 2025.210. Of course, if you can’t do that then you may need to get a judge involved.
And there are other scenarios when you need to get a judge involved. For example:
- To take the deposition of a person more than once; CCP ¶ 2025.610
- To take the deposition of a person located more than 150 miles from his or her residence; CCP ¶ 2025.260(a)
- To take the deposition of anyone during the first 20 days after service of the complaint, if you are a plaintiff; CCP ¶ 2025.210(b)