Los Angeles, CA asked in Products Liability for California

Q: Deposition from non-party, written answers sent by mail.

With all understanding, that

written depositions of non-party under subpoena do not require appearance, testimony, cross-examination instead of straight forward answers during discovery, and this disliked by typical experiences attorneys;

What is specific statute that prohibits written deposition by non-party by providing answers in writing during discovery, without appearance?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Products Liability Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, written depositions, also known as depositions upon written questions, are allowed under the Code of Civil Procedure (CCP §2028). However, they are rarely used, particularly for non-party witnesses, because they do not allow for follow-up or clarifying questions that arise during the deposition process. In most cases, an in-person deposition or one conducted via video or phone is preferred for a more thorough examination.

The process of a written deposition still requires the deponent to answer questions under oath, but without the benefit of real-time interaction, it can lead to incomplete or unclear responses. California law does not outright prohibit written depositions, but they are often seen as ineffective for obtaining the full scope of information needed in discovery. The reluctance to use them comes more from practical limitations rather than a specific statute forbidding the practice.

If you are dealing with a non-party witness, it is important to consider whether the lack of live questioning might weaken your case or fail to gather critical details. Non-parties under subpoena typically need to appear in person unless a court allows otherwise.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.