Depositions are a crucial aspect of California litigation. Even though the majority of depositions these days are conducted remotely through videoconferencing, the law still sets clear standards about when an in-person deposition is required in California and when parties can opt to show up remotely instead.
The California Rules of Court, Rule 3.1010, states the process for oral depositions by phone, videoconference, or other remote electronic means and how this impacts lawyers, parties, and deponents. Does that mean that virtual depositions are the new standard, or can you require in-person depositions in California?
Below is a brief overview of how in-person requirements work.
Remote Depositions Are Allowed in California (With Notice)
Under Rule 3.1010(a), any party can take an oral deposition through videoconference, telephone, or other remote electronic means, as long as:
- Notice is made with the correct notice or subpoena.
- The host party ensures the other parties are in a position to appear on equal terms.
- Each party bears its own appearance costs remotely.
This would mean remote depositions are perfectly permissible, but only if the right procedure is followed.
When You Can Require an In-Person Deposition in California
Even when a deposition is conducted remotely, parties and attorneys are entitled to appear in person.
Either party or the attorney of record can personally appear at the deponent’s location, provided that they give written notice at least five court days before the deposition by personal service, e-mail, or fax. But the deponent’s attorney can always personally appear along with his client without notice.
Yes, you may demand an in-person deposition in California if you provide sufficient written notice.
Remote Participation Is Still an Option in California
If convenience is preferred, Rule 3.1010(b) also allows attorneys and parties to appear by remote means instead of personally. This flexibility is useful for out-of-town attorneys or parties who may enter without incurring travel expenses.
Two broad requirements have to be met in order to take advantage of this privilege.
Firstly, the lawyer or party desirous of appearing remotely must provide written notice at least five court days before the deposition. This notice can be served by hand service, email, or fax, and will give all parties notice of the proposed format well in advance of any possible furor or confusion at the eleventh hour.
Secondly, the party choosing to appear by remote means will be required to pay for their remote appearance. These costs could consist of the technological provisions necessary for being connected securely and stably, along with any additional costs that may arise from providing the deposition to all those interested.
This provision is particularly valuable in today’s litigation, when parties, attorneys, and even experts may be hundreds or even thousands of miles away from the location where the deposition takes place.
For visiting counsel, a remote appearance saves time and money on travel, lodging, and other expenses, while maintaining complete participation. By making remote appearances authorized under certain rules, Rule 3.1010(b) allows efficient discovery without compromising fairness.
The Deponent’s Obligation
Whatever the method, the deponent is required to appear by notice or agreement.
That means if it is set for appearance in person, the deponent must appear in person.
If it is set for a remote appearance, they must appear via the agreed platform.
Court Orders Can Control In-Person or Remote Depositions in California
Rule 3.1010(d) is optional in California. A court can order that the deposition be taken in person or remotely based on considerations such as health, travel restrictions, or the need to evaluate credibility in person.
The Rule gives courts discretion to decide how a deposition is to be taken. A judge may order that it be taken either in person or remotely based on the circumstances of the case.
Health concerns, travel limitations, or the necessity for in-person observation of the credibility of witnesses may be the grounds for making such an order. This flexibility makes depositions fair, convenient, and adaptable to each case’s specific needs, while still complying with California’s rules of discovery.
This rule is particularly helpful in litigation today, with parties, attorneys, and even experts frequently being far from the deposition site. For out-of-town counsel, remote appearance conserves travel time, overnight stays, and related expenses, without curtailing full participation.
By permitting remote appearances under specified conditions, Rule 3.1010(b) simplifies the discovery process without compromising fairness.
Key Takeaways
Do you have the right to demand an in-person deposition in California? Yes, but there are regulations you need to follow.
California law allows parties and attorneys to demand an in-person appearance at a deposition, but only if sufficient notice is given at least five court days before. This provides all of the participants with adequate notice and enables them to make appropriate arrangements.
Most importantly, the deponent—the individual whose deposition is being taken—is obligated to appear just as set out in the deposition notice or otherwise agreed between the parties.
And finally, it’s good to remember that the court can override the default rules.
Judges can proceed with a deposition in person if credibility is at issue, or by remote means if health concerns or travel limitations make it more practical. This tension between form and flexibility is the key to California’s deposition process’s capacity to be fair and accommodating.
Utilizing Remote Depositions in California
California’s rules cut a fair middle between modern convenience and old-fashioned in-person proceedings. When calendaring or showing up for a deposition, being aware of when you can demand in-person deposition in California and how to properly notice. This can save you from worthless arguments and keep your case on track.
Language Litigation Services can help attorneys and their teams avoid costly mistakes when calendaring or showing up for depositions by providing clear directions on California’s deposition rules.
Our guidance will give you the tools and resources you need to understand local laws, stay in compliance, minimize unnecessary conflict, and keep your case running smoothly.