Let’s face it, there are a lot of California Codes that have to be recognized for the purpose of a deposition. It’s helpful to occasionally have a refresher on the rules of the deposition so everyone’s day can go more smoothly and the deposition time is used efficiently.
CCP 2025.310 states this:
CCP 2025.310 (a) A person may take, and any person other than the deponent may attend, a deposition by telephone or other remote electronic means.
CCP 2025.310 (b) The court may expressively provide that a nonparty deponent may appear at the deposition by telephone if it finds there is a good cause and no prejudice to any party. A party deponent shall appear at the deposition in person and be the presence of the deposition officer.
CCP 2025.310 (c) The procedures to implement this section shall be established by court order in the specific action or proceeding or by the California Rules of Court.
Its application is very simple. The witness needs to be in the room with the court reporter (a deposition officer) 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. In the case of a party deponent, more than likely the deposition will cover a wider range of topics and will be longer timewise. With the reporter in the room with the party deponent, not only is it a face-to-face interaction, but the reporter can administer the oath in person, mark and handle any exhibits, and aid in the overall deposition process.
If you decide to go the telephonic route with a nonparty witness, you have the option of videoconferencing the deposition so you can also see the witness and be more a part of the deposition. Your trusted court reporting firm should be offering several remote options for out-of-towners or for the clients that aren’t able to make it out of the office. (Well, isn’t that nice!) Here’s an article that can help you with those options, 5 Scheduling Tips for Videoconference Depositions.
If you have any questions about working remote for depositions, we are here to help. Just contact us at (800) 322-4595 or email me at [email protected]. You can also view more about our video services here.