How Many Depositions Are Allowed in California? | Deposition Rules Explained

Depositions are one of the most powerful tools in the discovery process, providing attorneys with the opportunity to question witnesses under oath and gather critical evidence for their cases. However, in California, depositions come with specific rules and limitations governed by the California Code of Civil Procedure (CCP) as part of the broader California civil discovery practice. Understanding these requirements is essential for effectively navigating discovery in California litigation.

This guide will walk you through the key deposition rules in California, including notice requirements, time limits, and exceptions.

Overview of California Deposition Rules: California Civil Discovery Practice

California law sets clear guidelines for noticing and conducting depositions in Superior Court cases. These rules ensure that discovery is fair, efficient, and consistent across cases.

Key Points to Know

• Governing Law: The California Code of Civil Procedure (CCP) outlines the rules for depositions, including where they can take place and how they must be conducted.
• Purpose of Depositions: Depositions allow parties to examine witnesses under oath, clarify case facts, and secure testimony for trial.
• Importance of Compliance: Adhering to California’s deposition rules is crucial for avoiding delays, objections, or sanctions.

Deposition Notice Requirements

To schedule a deposition in California, the party giving notice must issue a formal Notice of Deposition, which includes specific details to ensure all parties are prepared.

What Must Be Included

1. Description of Matters: If the deponent is not a natural person (e.g., a corporation), the notice must specify the topics for examination. A deposition subpoena outlines the legal requirements and procedures involved in serving subpoenas for depositions, including notifying deponents, compelling attendance, and the obligations of parties to produce documents and records during the deposition process.
2. Date, Time, and Place: Clearly state when and where the deposition will occur.
3. Service of Notice: The notice must be served on the deponent and all other parties involved.

Timing of Notice

Notices must be served in accordance with CCP sections 1013, 2016.050, and 2025.270(a). Adequate notice is critical; failure to comply can lead to delays or rescheduling. A court order can also influence the timing and scheduling of depositions, ensuring that all parties adhere to the legal requirements.

Practical Tip: Always double-check the timing and content of your deposition notice to avoid procedural challenges.

Deposition Limits and Exceptions

California imposes limits on depositions to ensure efficiency and prevent abuse of the discovery process.

However, exceptions to these limits are allowed under the following circumstances: additional depositions may be permissible in cases involving a deponent's designation to testify on behalf of an organization or when a court order allows for it.

Key Rules to Remember: Seven Hours

1. One Deposition Per Witness:

• Generally, a witness can only be deposed once.
• Exceptions include court-approved additional depositions for good cause or mutual consent from all parties.
• Court orders can also influence deposition limits and exceptions, ensuring compliance with specific legal requirements.

2. Seven-Hour Time Limit:

• Effective January 1, 2013, CCP §2025.290(a) limits depositions to seven hours of total testimony per witness.
• This aligns with federal rules under FRCP Rule 30(d)(1).

3. Exceptions to the Seven-Hour Rule:

• Certain types of cases and witnesses are exempt, including:
• Expert witnesses.
• Cases involving complex litigation.
• Employment cases.
• Refer to CCP §2025.290(b) for a full list of exceptions.

Pro Tip: If you anticipate needing more than seven hours, plan ahead and request additional time from the court or opposing counsel.

Obtaining Additional Depositions

There are situations where additional depositions or extended time may be necessary. A court order can authorize additional depositions if justified, influencing the limitations on deposition time.

How to Request Additional Time or Depositions

1. Motion for Additional Depositions:
   • File a motion with the court explaining why the extra deposition is needed.
   • Include the expected duration and the reasons why it’s essential to your case.
2. Court’s Discretion:
   • The court has the authority to grant additional depositions if they are necessary to:
     • Fairly examine the deponent.
     • Address delays or impediments during the original deposition.
   • Judges must balance the need for additional discovery with the burden on the deponent.

Important Note: Always be prepared to justify your request with specific reasons and evidence of necessity.

Final Thoughts

Understanding California’s deposition rules is essential for effective discovery and case preparation. By adhering to notice requirements, managing time limits, and utilizing exceptions strategically, you can conduct depositions that provide valuable insights while protecting your client’s interests.

Whether you’re navigating standard depositions or requesting additional time, being well-versed in the California Code of Civil Procedure ensures that you’re prepared for any challenges that may arise. Stay proactive, and use depositions as a powerful tool to strengthen your case.

FAQ: California Deposition Rules

1. How many depositions can be taken in a California case?
There is no specific limit to the number of depositions, but each witness can typically only be deposed once unless there is court approval or mutual consent for additional depositions.

2. What is the time limit for depositions in California?
Depositions are generally limited to seven hours of total testimony, unless an exception applies under CCP §2025.290(b).

3. Can I depose a witness more than once?
Yes, but only with court approval for good cause or if all parties agree to a subsequent deposition.

4. What must be included in a deposition notice?
A valid notice must include:

• Date, time, and location of the deposition.
• The deponent’s name.
• Topics for examination (if the deponent is not a natural person).

5. How much notice must I give for a deposition in California?
Notices must be served a certain number of days in advance, as outlined in CCP sections 1013, 2016.050, and 2025.270(a).

6. What happens if the deposition notice is incomplete or late?
Failure to comply with notice requirements may result in delays, rescheduling, or objections from opposing counsel.

7. Are there exceptions to the seven-hour deposition limit?
Yes, exceptions include expert witnesses, complex litigation, and employment cases.

8. How do I request additional deposition time?
File a motion with the court explaining the need for extended time and providing specific reasons why it is necessary.

9. What are the consequences of violating deposition rules?
Violations can lead to sanctions, including fines, exclusion of testimony, or adverse rulings.

10. How can I prepare for a deposition under California rules?
Review the CCP requirements, serve notices properly, anticipate objections, and prepare witnesses thoroughly to ensure compliance and effectiveness.

11. Where must depositions be held in California?
According to California law, depositions of natural persons must occur within 75 miles of the deponent's residence, or within 150 miles if conducted in the county where the action is pending. This ensures that the location is convenient and within legal limits.

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