| by Heather Duncan, Esq.
It is a challenge for litigators to effectively balance the use of current technology with the need for effective discovery and litigation. One method for achieving the desired balance is the utilization of remote deposition technology. By following the rules provided below, an attorney can participate in many depositions without having to leave his or her office, or even home.
California Code of Civil Procedure 2025.310 (“CCP”) allows for the right of any person, other than the deponent, to attend a deposition by remote electronic means without the necessity of a court order or the consent of anyone, without any reason or justification, and without preconditions or limitation.
According to the legislative history, it is designed to facilitate the discovery and litigation process and to provide for the use of proven technology to achieve cost effective discovery. The procedures for the implementation of CCP 2025.310 and the rules for deponents can be found in the California Rules of Court.
California Rule of Court 3.1010 allows for the following:
Any party may take an oral deposition by telephone, videoconference, or other remote electronic means provided:
- Notice is served with the notice of deposition or subpoena;
- That party makes all arrangements for any other party to participate in the deposition in an equivalent manner. However, each party doing so must pay all expenses incurred by it or properly allocated to it.
Any party may appear and participate in an oral deposition by telephone, video conference, or other remote electronic means provided:
- Written notice of such appearance is served by personal delivery or fax at least three court days before the deposition;
- The party so appearing makes all arrangements and pays all expenses for the appearance.
A party deponent must appear at his or her deposition in person and be in the presence of the deposition officer. However, a non-party may appear at his or her deposition by telephone, videoconference, or other remote electronic means with court approval upon a finding of good cause and no prejudice to any party. The non-party deponent must be sworn in the presence of the deposition officer or by any other means stipulated by the parties or ordered by the court.