California

Civil Procedure

Civil Procedure

Rule 3.1010 – Oral depositions by telephone, videoconference, or other remote electronic means

(a) Taking depositions

Any party may take an oral deposition by telephone, videoconference, or other remote electronic means, provided:

(1) Notice is served with the notice of deposition or the subpoena;
(2) That party makes all arrangements for any other party to participate in the deposition in an equivalent manner. However, each parly so appearing must pay all expenses incurred by it or properly allocated to it;
(3) Any party may be personally present at the deposition without giving prior notice.
(b) Appearing and participating in depositions

Any party may appear and participate in an oral deposition by telephone, videoconference, or other remote electronic means, provided:

(1) Written notice of such appearance is served by personal delivery, e-mail, or fax at least three court days before the deposition;
(2) The; party so appearing makes all arrangements and pays all expenses incurred for the appearance.

(Subd (b) amended effective January 1, 2016; previously amended effective January 1, 2007.)

(c) Party deponent’s appearance

A party deponent must appear at his or her deposition in person and be in the presence of the deposition officer.

(d) Non-party deponent’s appearance

A nonparty deponent 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 deponent must be sworn in the presence of the deposition officer or by any other means stipulated to by the parties or ordered by the court. Any party may be personally present at the deposition.

(e) Court orders

On motion by any person, the court in a specific action may make such other orders as it deems appropriate.

Cal. R. Ct. 3.1010

Rule 3.1010 amended effective January 1, 2016; adopted as rule 333 effective January 1, 2003; previously amended and renumbered as rule 3.1010 effective January 1, 2007.