Q: Specific statute Or crc - requirement for non-party appearance for written deposition, during discovery
Please identify particular statute in Cal Civil Code or rule of court, requiring specifically that written answers of non-party to questions (written deposition) SHALL be with non-party's appearance and testimony.
A:
In California, non-party depositions, including depositions by written questions, are governed by the California Code of Civil Procedure. Specifically, CCP § 2025.010 et seq. addresses the procedures for depositions, including when non-parties are involved. For a deposition by written questions, CCP § 2028.020 outlines the process, and it doesn't require the physical appearance of the non-party unless explicitly ordered.
When conducting a deposition by written questions, the non-party is required to provide sworn written answers to the questions. These answers must be served under oath, similar to oral testimony, but the non-party’s physical appearance is not typically necessary unless there's a specific court order or other legal requirement mandating it.
If you need the non-party to provide oral testimony, you would need to proceed with an oral deposition under CCP § 2025.220, which may require a subpoena for their attendance.
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