Q: Deposition by non-party sent by mail.
Audio, video, court stenography are optional.
What specific procedural rules are violated if deposition of non-party, answers to questions are without appearance? This is discovery written deposition, not trilal.
A:
In California, depositions—whether for parties or non-parties—are governed by specific procedural rules. Depositions typically require the deponent’s appearance, either in person or via video, and a court reporter is usually present to record the proceedings. If the deposition is written, the deponent must respond to written questions under oath, but this still requires a formal procedure. Simply mailing answers without an official appearance or without a court reporter may violate the California Code of Civil Procedure (CCP), specifically sections that mandate the proper handling of depositions.
Additionally, without the proper notice or agreement between parties, conducting a deposition outside of these rules could be considered improper. This can lead to the deposition being challenged or disregarded by the court. Rules governing notice, the attendance of all parties, and the recording method are important to follow strictly.
To avoid complications, it’s crucial to ensure that any deposition, even a written one, follows the required legal procedures, including ensuring all parties are aware of the process and that it is properly recorded. You may want to verify the exact rules under CCP §§ 2025.010-2025.620.
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