(For New Lawyers) How to Take a Deposition in California

Depositions are a powerful discovery tool in California civil litigation, allowing attorneys to gather testimony under oath before trial. Here's a comprehensive guide to help you navigate the process.

📌 What Is a Deposition?

A deposition is an out-of-court testimony given under oath by a party or witness. It’s recorded by a court reporter and may be used later in trial for impeachment or evidence.

🧭 Step-by-Step Process

1. Determine Who to Depose

• Parties to the case

• Non-party witnesses

• Experts or corporate representatives (via PMK—Person Most Knowledgeable)

  
  

2. Schedule the Deposition

• Must be scheduled with advance written notice.

• For parties: at least 10 days’ notice if personally served, 15 days if served by mail within California.

• For non-parties: serve a subpoena with “sufficient time” to allow travel and document preparation.

  
  

3. Choose the Location

• For individuals: within 75 miles of their residence, or within 150 miles if in the county where the action is pending.

• For organizations: within 75 miles of their principal office or within 150 miles in the forum county.

  
  

4. Prepare the Notice or Subpoena

• Include:

  • Name of deponent

  • Date, time, and location

  • Method of recording (stenographic, audio, video)

  • Any documents the deponent must bring

  • See CCP section 2025.220 for all requirements

• For non-parties, use:

  • SUBP-015 (appearance only)

  • SUBP-020 (appearance + documents)

    
    

5. Serve the Documents

• Parties: serve notice to their attorney or directly if self-represented.

• Non-parties: serve subpoena personally.

• All other parties must receive copies of the notice or subpoena.

• Use a registered process server if you need to serve it personally.

  
  

6. Conduct the Deposition

• Limited to 7 hours unless extended by court.

• May be conducted remotely via videoconference or phone with proper notice.

• Objections must be made on the record; improper conduct may lead to sanctions.

⚖️ Legal Considerations

• Protective Orders: If a party believes the deposition is burdensome or harassing, they may seek a protective order.

• Motion to Compel: If a deponent fails to appear or produce documents, the noticing party may file a motion to compel.

• Sanctions: Courts may impose penalties for noncompliance or abuse of the deposition process.

  
  

💡 Tips for Success

• Prepare thoroughly: review pleadings, discovery responses, and relevant documents. Frame questions around each element of your cause of action.

• Use depositions strategically to investigate, evaluate credibility, preserve testimony, and lock in facts.

• Consider cost: depositions can be expensive due to court reporter fees and transcript costs. You may want to preserve video recorded depositions only for key witnesses if that video will likely be used at trial.

  
  

If you’re handling a deposition in California, precision and preparation are key.

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