Los Angeles, CA asked in Personal Injury for California

Q: Written deposition deposed by mail by non-party.

'Not forbidden' equals 'Allowed'.

Which particular statute provides in relevant part that answers in writing by non-party to questions, i.e. written deposition by non-party during discovery is NOT allowed? What exactly to stenograph when oral testimony is NOT taken?

Dear esquires, please be concise and clear; as law requires.

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
  • Sacramento, CA
  • Licensed in California

A: In California, written depositions by a non-party are generally not allowed unless explicitly permitted by statute. The key authority here is **California Code of Civil Procedure (CCP) § 2025.010**, which governs depositions in civil cases. According to this statute, depositions typically involve oral testimony, and non-parties must provide testimony through oral deposition unless otherwise directed by the court or allowed under specific exceptions, such as through interrogatories or requests for admissions.

When it comes to written depositions, these are more commonly used for parties to the litigation rather than non-parties. If you are looking to obtain information from a non-party, you may need to issue a subpoena for a deposition or request the court’s intervention to compel the necessary testimony. The law does not favor written depositions by non-parties during discovery, as oral testimony allows for immediate follow-up and clarification, which is essential in discovery.

If oral testimony is not taken, a stenographer would usually not be involved, unless a court order requires it or a deposition is formally taken in written form under limited circumstances. Without oral testimony, answers to written discovery, such as interrogatories, can be documented without a stenographic record.

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.