Q: Deposition by non-party w/o appearance during discovery.
What statute provides, that personal appearance and testimony of deponent is REQUIRED for written deposition?
A:
In California, a deposition typically requires the personal appearance and testimony of the deponent, whether it's oral or written. Under the California Code of Civil Procedure Section 2025.330, depositions can be taken either by oral examination or by written questions. However, even with written questions, the deponent is required to provide testimony under oath, which may involve personal appearance, depending on how the deposition is arranged.
When dealing with a non-party in discovery, subpoenas are used to compel their testimony. California Code of Civil Procedure Section 1987.1 gives courts the authority to enforce the personal appearance of a non-party if their testimony is needed for the case. This may apply to a deposition conducted through written questions if personal presence is essential for ensuring that the deponent is properly sworn in and gives accurate answers.
If you are handling a case involving a non-party deposition, it's important to follow the correct procedures and ensure that the deponent complies with legal requirements for testimony, whether written or oral. If you are uncertain, reviewing the relevant statutes or consulting with legal resources may clarify the specifics in your situation.
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