This is our last blog post in our “Keepers of the Record” series. I wanted to finish up with a couple of other code sections that are often discussed when a client is setting up a deposition or at a deposition.
Let’s start with CCP 2025.310 which addresses telephonic depositions or remote electronic depositions. I would also add it would apply to videoconferenced depositions as well. According to CCP 2025.310, a person may take, and any person other than the deponent may attend, a deposition by telephone or other remote electronic means. A party deponent shall appear at the deposition in person and be in the presence of the deposition officer.
Its application is very simple: The witness needs to be in the room with the court reporter when he/she is a party deponent or party to the action. Other deponents can attend via videoconference or telephone, but if you are a party to the action, you need to be in the room with the court reporter.
Lastly, CCP 2025.470 addresses the suspension of taking testimony. What it says is that the deposition officer may NOT suspend the taking of testimony without the stipulation of all parties present unless any party attending the deposition, including the deponent, demands that the deposition officer suspend taking the testimony to enable that party or deponent to move for a protective order under Section 2025.420 on the ground that the examination is being conducted in bad faith or in a manner that unreasonably annoys, embarrasses, or oppresses that deponent or party.
What this means to the reporter is that when one attorney/party/deponent requests the reporter “go off the record,” and another attorney/party/deponent disagrees, the reporter will stay on the record until such time as the attorney/party/deponent demands the reporter to suspend the taking of testimony to enable them to “move for a protective order.” Those are very important words to the reporter.