| by Heather Duncan, Esq.
Over the next few months the Network News will be providing brief answers to some of our most frequently asked questions.
1 Can the party who notices a deposition in a California state court case unilaterally refuse to have the transcript written up if the testimony is harmful to their case (or for any other reason)?
The California Code of Civil Procedure (“CCP”) section 2025.510 (a) provides:
“Unless the parties agree otherwise, the testimony at any deposition recorded by stenographic means shall be transcribed.”
2 Can the noticing party refuse to pay for the transcription of a deposition?
“The party noticing the deposition shall bear the cost of that transcription, unless the court. . . orders that the cost be borne or shared by another party.” (CCP 2025.510 (b))
3 Must all parties agree to a telephonic deposition or a deposition that utilizes a Network Now connection?
No. Any party may take an oral deposition by telephone, video conference, or other remote electronic means, provided:
(1) Notice is served with the notice of deposition or the subpoena;
(2) The noticing party makes all arrangements for any other party who wishes to participate in the deposition in an equivalent manner (with each party paying properly allocated expenses. (California Rule of Court 3.1010)
4 When can a deposition be taken in a California state court case without obtaining leave of court?
An oral deposition may be taken as follows:
(a) The defendant may serve a deposition notice without leave of court at any time after that defendant has been served or has appeared in the action, whichever occurs first.The deposition must be scheduled at least 10 days after service of the notice. (CCP 2025.270).
(b) The plaintiff may serve a deposition notice without leave of court on any date that is 20 days after the service of the summons on, or appearance by, any defendant. On motion with or without notice, the court, for good cause shown, may grant to a plaintiff leave to serve a deposition notice on an earlier date.