Depositions in Writing

Code of Civil Procedure Part 4, Title 4, Chapter 11 deals with depositions by written questions under the Civil Discovery Act.

Section 2028.010 allows any party to obtain discovery by taking a deposition by written questions instead of by oral examination. The procedures for taking oral depositions apply to written depositions.

Section 2028.020 requires the notice of a written deposition to comply with specified exceptions.

Section 2080.030 requires the questions to be propounded to the deponent by direct examination to accompany the notice of a written deposition. Within 30 days after the deposition notice and questions are served, a party is required to serve any cross questions on all other parties entitled to notice of the deposition.

Section 2028.040 requires a party who objects to the form of any question is required to serve a specific objection to that question on all parties entitled to notice of the deposition within 15 days after service of the question. A party who fails to timely serve an objection to the form of a question waives it. The objecting party promptly moves the court to sustain the objection.

Section 2028.050 provides that a party who objects to any question on the ground that it calls for information that is privileged or is protected work product is required to serve a specific objection to that question on all parties entitled to notice of the deposition within 15 days after service of the question. A party who fails to timely serve that objection waives it.

Section 2028.060 allows the party taking a written deposition may forward to the deponent a copy of the questions on direct examination for study prior to the deposition. No party or attorney is to permit the deponent to preview the form or the substance of any cross, redirect, or recross questions.

Section 2028.070 provides that the court may order any of four specified actions.

Section 2028.080 requires the party taking a written deposition to deliver to the officer designated in the deposition notice a copy of that notice and of all questions served. The deposition officer is required to proceed promptly to propound the questions and to take and record the testimony of the deponent in response to the questions.