The California Code of Civil Procedure 2025 covers oral depositions during discovery.
The code states how depositions may be taken of an individual, a public or private organization, a partnership, an association or a government agency. Additionally, the code also outlines how defendants can approach deposition and deposition notice.
This code requires a party wishing to take an oral deposition give notice in writing, and dictates what the notice shall bear including location, date and time, the name of individual providing a deposition, and the address and telephone number of each deponent. Said notice also includes the specified materials the deponent is requested to produce. The code also cites guidelines for recording testimony as well as the process the recording party must follow such as how their intention must be stated. Transcript and deposition formats are also covered.
Additional components cited in this rule include:
- Outlining how the deponent shall produce the individuals testifying on its behalf and how the notice shall be written and served.
- Location of depositions of any natural person is also covered in the code, how parties may move to change and what shall be included in the motion.
- Grounds the court may shorten or extend the time for scheduling a deposition.
- Allowed time limit of seven hours.
- Supervision, and who shall be a deposition officer, plus how objections are made.
- Requirements for motions for a protective order before, during or after a deposition and how the court might receive said motions.
- Electronically-stored information and the guidelines regarding the data, including requests for production or lost, altered or damaged data.
- Sanctions.
- Objections that may be made and on what grounds, plus how the court shall handle said objections.
- Penalties for a deponent failing to answer a question or produce anything identified in the notice or deposition subpoena.