Discovery – Depositions (Part 2)

As discussed in our first post on Depositions, the statutes governing the taking of depositions in California are found in the California Code of Civil Procedure.

Some of the basics of are:

  • Depositions can be taken of both parties and non-parties.
  • A notice of deposition must be served on a party at least 10 days prior to the date the party is to appear, and if the party is required to bring documents, the notice must be at least 20 days.  Five days are added if the notices are mailed.
  •  With a non-party, the witness has to be served with a subpoena to appear in addition to the notice of deposition.  A non-party witness is also entitled to a witness fee and mileage.
  • The location of the deposition must be within 75 miles of the deponent’s residence or within the county where the action is filed and within 150 miles of the deponent’s residence.
  • The deposition is typically recorded by a court reporter.  It is also possible to have video-taping, but the notice of deposition must include that information.
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