Depositions Outside of California

Code of Civil Procedure Part 4, Title 4, Chapter 10 deals with oral depositions outside of California under the Civil Discovery Act.

Section 2026.010 allows any party to obtain discovery by taking an oral deposition in another state of the United States, or in a territory or an insular possession subject to its jurisdiction. The procedures for taking oral depositions in California generally apply to an oral deposition taken in another state of the United States, or in a territory or an insular possession subject to its jurisdiction.

If a deponent [witness] is a party to the action or an officer, director, managing agent, or employee of a party, the service of the deposition notice is effective to compel that deponent to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection, copying, testing, or sampling. The deposition notice has to specify a place in the state, territory, or insular possession of the United States that is within 75 miles of the residence or a business office of a deponent.

If the deponent is not a party to the action or an officer, director, managing agent, or employee of a party, a party serving a deposition notice must use any process and procedures required and available under the laws of the state, territory, or insular possession where the deposition is to be taken.

In addition, a deposition taken under this section is required to be conducted in either of two specified ways. On request, the clerk of the court must issue a commission authorizing the deposition in another state or place.

Section 2027.010 allows any party to obtain discovery by taking an oral deposition in a foreign nation. The procedures for taking oral depositions in California generally apply to an oral deposition taken in a foreign nation. In addition, a deposition taken under this section must be conducted under the supervision of any three specified persons.

On motion of the party seeking to take an oral deposition in a foreign nation, the court in which the action is pending is required to issue a commission, letters rogatory, or a letter of request, if it determines that one is necessary or convenient.