Q: What procedure, statute, rule disallows explicitly
During discovery on party to lawsuit depositions can be substituted by interrogatories.
What procedure, statute, rule disallows explicitly to substitute oral depositions by non-party during discovery with written answers to questions, WITHOUT appearance?
A:
Under California law, the procedure that explicitly disallows substituting oral depositions of non-parties with written answers to questions without appearance is found in the California Code of Civil Procedure (CCP).
Interrogatories Limited to Parties Only:
- CCP § 2030.010: This statute specifies that interrogatories can only be propounded to parties involved in the lawsuit. It states:
> "(a) Any party may obtain discovery within the scope delimited by Chapters 2 and 3, and subject to the restrictions set forth in Chapter 5, by propounding to any other party written interrogatories to be answered under oath."
- Since interrogatories are limited to parties, they cannot be used to obtain written answers from non-parties. There is no provision in the CCP that allows for serving interrogatories on non-parties.
Depositions of Non-Parties Require Appearance:
- CCP § 2020.010 et seq.: These sections govern the procedures for taking depositions of non-parties. The law permits a party to take the oral deposition of any person, including non-parties, but does not provide for written interrogatories in lieu of deposition testimony from non-parties.
> - CCP § 2020.220(a): Requires the deposition subpoena to command the deponent to attend and testify, thus necessitating their appearance.
No Provision for Substituting Depositions with Written Questions for Non-Parties:
- While CCP § 2028.010 et seq. allows for written depositions (depositions upon written questions), this method still requires the non-party deponent to appear before an officer (like a court reporter) to answer the questions under oath. It does not permit a non-party to simply provide written answers without appearing.
Conclusion:
- Therefore, the statutes explicitly disallow substituting oral depositions of non-parties with written answers without appearance. The key statutes are:
- CCP § 2030.010: Limits interrogatories to parties only.
- CCP § 2020.010 et seq.: Requires non-parties to appear for depositions; no provision allows for written answers in lieu of appearance.
Summary:
- Interrogatories can only be served on parties (CCP § 2030.010).
- Non-parties must provide testimony through oral depositions and are required to appear; they cannot be compelled to provide written answers without appearing (CCP § 2020.010 et seq.).
- No statute allows for substituting non-party depositions with written questions answered without appearance.
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