CODES MODULE, PART VII
CALIFORNIA CODE
OF CIVIL PROCEDURE, Part II
CODE OF CIVIL PROCEDURE
1019 Size of Type
The type size shall be determined by
conventional custom and practice.
1991 Disobedience; Report
The court may punish anyone who does not
appear or refuses to be sworn, to answer, or
to sign a transcript for contempt.
If the subpoena requires the witness’s
attendance, it is the deposition officer’s
duty to report the nonappearance or the
refusal to the issuing court.
The depo officer may be requested to notify
the witness that he must appear in court
between 5 and 20 days from that date.
The depo officer shall transcribe such
request, and it will be attached to the
papers filed by the depo officer with the
clerk of the issuing court requesting a court
order.
If the witness does not appear at the court
date, he may be punished for contempt.
If the witness fails to comply, the court may
then, without further notice, order the
witness to comply.
If he then doesn’t comply, he may be
punished for contempt.
2003 “Affidavit” Defined
An affidavit is a written declaration
under oath, made without notice to
the adverse party.
2004 “Deposition” Defined
A deposition is a written declaration,
under oath, made upon notice to the
adverse party, for the purpose of
enabling him to attend and crossexamine.
Once a default judgment has been
entered in an action, no more
depositions may be taken.
2005 “Oral Examination” Defined
An oral examination is an examination
in the presence of the jury or tribunal
which is to decide the fact or act upon
it, the testimony being heard by the
jury or tribunal from the lips of the
witness.
2012 Officers Before Whom Taken
An affidavit to be used before any
court or officer of this state must be
taken before any officer authorized to
administer oaths.
2013 Foreign State; Before Whom
An affidavit taken in another state to
be used in this state may be taken
before a notary public in that state or
a judge or clerk having a seal.
2019 Methods of Discovery
Any party may obtain discovery by
Oral and written depositions
Interrogatories to a party
Inspections of documents, things and places
Physical and mental examinations
Requests for admissions
Simultaneous exchange of expert trial witness
information
The court may restrict discovery
because
it is cumulative
it is obtainable elsewhere more easily
it is excessive, given the scope of the
case
2020 Deposition Subpoenas (c)
A deposition subpoena that orders a
witness’ attendance and testimony
must specify the time and place of the
deposition.
If the deposition is to be videotaped,
the subpoena must state so.
2020 Deposition Subpoenas (d)(3)
If a deposition subpoena specifies that
only business records are being
discovered, then the deposition
officer or a professional photocopier
shall receive the records.
The deposition officer must be a
disinterested party.
2020 Depo Subpoenas(d)(4)
The custodian of records may deliver to the
depo officer a legible copy of the records
and an affidavit.
If the records are at the place of business,
the depo officer will be allowed to make a
copy of the records.
Ordinarily, delivery of the records is not
made before the date specified on the
subpoena.
2020 Depo Subpoenas(d)(5)
The depo officer shall promptly turn
over the documents to the party that
requested them.
Other parties may purchase a copy of
the records no later than 6 months of
the end of the case.
2021 Modification by Stipulation
Parties to a deposition can, by
stipulation, waive any of the
deposition requirements, except for
the requirement that the deposition
officer be a licensed CSR.
Standard stipulations are:
the witness need not read and/or sign
the transcript
the deposition was taken according to
the requirements of the Code of Civil
Procedure
all objections, except as to the form of
the question be reserved until the time
of trial
a copy of an exhibit introduced into
evidence be attached to the original
transcript in lieu of the original
2023 Abuses of Discovery
Abuses of the discovery process
include
continuously trying to obtain information
outside the scope of allowable discovery
making groundless objections
The court may impose sanctions
against anyone abusing the discovery
process.
2025 Oral Depositions
This section is one of the most
important in the Code of Civil
Procedure.
2025 (a) Parties; Person
Deposed
A party may obtain discovery by taking
an oral deposition of any person in
California.
The person may be a natural person,
an organization, a corporation, a
partnership, an association, or a
government agency.
2025 (b) Notice; Time
The plaintiff may serve a deposition
notice no earlier than 20 days after
the service of summons on the
defendant.
2025 (c) Notice; Service
The notice given must be in writing.
2025 (d) Notice; Contents
The deposition notice shall state:
the address where the deposition will be taken
the date and time
the name(s) of the deponent
any materials to be produced
any intention to record the testimony by
audiotape or videotape
if realtime is requested
any intention to use a videotape deposition at
trial of an expert witness
If realtime is requested, notice must
be given to the deposition officer.
All parties must be offered the
opportunity to receive realtime
and/or a rough draft of the depo.
If the depo is videotaped for use at
trial, the tape operator must be a
disinterested person.
If the deponent is not a natural
person, the deposition notice must
describe the subject matter of the
deposition so that the deponent can
designate the proper person to testify
on its behalf.
If a subpoena has been issued, a copy
of it must accompany the notice.
2025 (e) Place
The deposition location must be either
within 75 miles of the deponent’s
residence OR
in the same county where the action is
pending and within 150 miles of the
deponent’s residence
The court may order a deponent to
attend a deposition that is more
distant that these limits.
2025 (f) Time
The deposition shall be set at least 10
days after the notice has been served.
If the deponent has been subpoenaed
to produce personal records, the
deposition has to be scheduled at
least 20 days after the subpoena has
been issued.
A deponent may petition the court to
stay the deposition or for a extension.
2025 (g) Notice; Error; Stay
A party served with the deposition notice
that does not comply with the code waives
any error unless the party serves a written
objection specifying the error at least three
days before the deposition on the noticing
party and any other noticed parties.
If notice is given only 3 days in advance, the
service must be done in person.
2025 (h) Attendance; Notice
If the noticing party wants a party
deponent to bring documents with him
to the deposition, that fact should be
included in the deposition notice.
A subpoena duces tecum is not
required.
If the noticing party wants to depose a
nonparty witness, he must subpoena
him.
If the noticing party wants a nonparty
deponent to bring documents with him
to the deposition, a subpoena duces
tecum is required.
2025 (i) Protective Order
A deponent or party who believes that
the questions asked of him are being
made in bad faith, or to annoy,
embarrass or harass him, can demand
that the deposition be immediately
stopped so that he can file a motion
for a protective order.
The reporter must stop taking the
deposition when such a demand is
made.
The court will later rule on whether to
grant the motion and whether to end
or limit the deposition.
The parties may stipulate to continue
the deposition, but all parties must
agree.
2025 ( j) Failure to Attend
Failure to attend a deposition may
result in sanctions.
2025 (k) Supervising Officer
The deposition officer is authorized to
administer oaths, but he no longer has
to be a notary public.
The deposition officer must be a
licensed CSR (B&P 8016).
The deposition officer must be a
disinterested party.
2025 (l) Oath; Written Questions
Before being questioned, all witnesses
must be sworn in or affirmed.
If an interpreter is being used, the
interpreter must be sworn in or
affirmed before the witness is sworn.
Examination and cross-examination of
witnesses occur as they would at trial.
If a party other than the noticing
attorney wants to tape the deposition,
he must notify all parties before the
deposition of his intention and pay for
the recording.
The tape operator may be an
employee of the attorney as long as a
stenographic reporter is also present,
except if the tape will be used at
trial.
The area for recording the oral testimony
should be well lit, suitably large, and
reasonably quiet.
The operator may not distort the
appearance or demeanor of the participants
with the camera.
When the deposition begins, the operator
must record his name and address; the
date, time and place of the deposition; and
the case caption, the name of the
deponent, and any stipulations.
All counsel must identify themselves
on the recording, and the witness
must be sworn in on the recording.
If more than one unit of tape is
required, the end of each unit and the
beginning of each succeeding unit will
be announced on the tape.
An ending statement and stipulations
concerning custody of the tape must
also appear on the record.
If a party wants to offer a taped depo
into evidence, he must send written
notice to all parties and the court.
The notice must detail which portions
the party intends to introduce.
Objections may be made to the tape,
and portions of a copy edited out upon
court order.
The original tape may not be altered.
If no reporter was present at the
taped examination, a transcript must
be made from the tape and offered
into evidence along with the tape.
If a deposition was only recorded on
tape, the noticing party must allow all
other parties to see or hear the tape
and copy it.
If a party cannot attend a deposition,
he can send written questions in a
sealed envelope to the noticing
attorney.
The noticing attorney must give the
envelope to the reporter at the
deposition.
At the end of all oral testimony, the
reporter asks the deponent the
written questions and records the
answers.
2025 (m) Objections
There is no judge to rule on objections
at a deposition.
Objections must be made on the
record at the appropriate time by the
objecting party or they are waived.
When objections are made, they are
recorded by the reporter and the
deposition continues.
2025 (n) Suspended Testimony
A reporter does not suspend the taking of
the deposition unless a motion for a
protective order has been made.
This is true, even if the noticing attorney is
the party requesting that the reporter stop
the deposition record.
Only if all parties to the deposition agree
does the reporter go “off the record.”
2025 (o) Compelling Answer
If a deponent refuses to answer a question
or produce a document, the party seeking
the information can file a motion to compel
with a trial court judge.
This motion can be made orally at the
deposition or in writing up to 60 days after
the deposition ends.
If notice is given at the depo, the reporter
must notify the deponent and tell him to
attend the hearing (cite the witness).
When any motion to compel has been
raised, a certified copy of the relevant
portions of the transcript must be
filed within five days of the hearing.
If the moving party asks the reporter
to “certify the question,” the reporter
may be asked to index, as part of the
deposition transcript, all certification
requests made during the hearing or
to actually index all questions asked
which the deponent did not answer.
At the hearing on the motion to
compel, the trial court can order the
deponent to comply and can impose a
fine.
If the deponent refuses to comply
after being ordered to do so by the
court, the deponent can be held in
contempt of court and incarcerated.
2025 (p) Transcript; Copies
Unless all parties agree, all testimony
taken at the deposition hearing is
transcribed.
The noticing attorney pays for the cost
of transcription, unless the parties
agree or the court orders otherwise.
If the costs are evenly divided, the
phrase “split the deposition” is used.
If other parties want transcripts of the
deposition, they pay the reporter
copying charges.
Transcription rates are not set by
statute but are guided by the market.
If a deposition is recorded
stenographically and on audio or
videotape, the stenographic transcript
is the official record of the deposition.
If one party wants the transcript
expedited, other parties must be
given the chance to order expedited
copies as well.
Stenographic notes of depositions shall
be retained on paper or electronic
media by the reporter for a period of
not less than 8 years from the date of
the deposition, where no transcript is
produced, and not less than 1year
from the date the transcript is
produced.
2025 (q) Transcript; Changes
Upon completing the transcript, the
reporter must send written notice to the
deponent and to all parties who attended
the deposition that the transcript is
available for reading, signing, and
correction.
This requirement can be, and often is,
waived by the stipulation on the record of
the parties.
After sending out this notice, the
reporter must keep the deposition
available for 30 days.
During that time the deponent can by
letter or in person sign the transcript,
make changes to the testimony, or
refuse to sign the transcript.
If the deponent makes changes or
refuses to sign, the reporter must put
this information in the original copy
on the certificate page.
Even under these circumstances, if a
reporter has attached a certificate
page with a jurat to the transcript,
the deposition can still be introduced
into evidence in court.
All parties must be notified in writing
of changes made by the deponent.
Changes made by the deponent are
put on a separate sheet of paper
attached to the original copy of the
transcript.
2025 (r) Certification of Record
The deposition officer shall certify
that the deponent was duly sworn and
that the transcript is a true record of
the testimony.
A rough draft may not be not certified
nor used.
2025 (s) Transcript; Custody
The CSR will seal the transcript in an
envelope with the title of the action
and mark it “Deposition of X” and give
it to the noticing attorney, who shall
safeguard it.
The noticing attorney must keep the
transcript until 6 months after the
case ends, when it may be destroyed.
An audiotape or videotape record will
be kept in the custody of the operator,
who shall safeguard it.
A party or deponent may pay to view
or hear the tape or to be furnished a
copy.
The tape must be kept until 6 months
after the case ends, when it too can
be destroyed.
2025 (t) Subsequent Deposition
Once any party has been deposed, he may
not be deposed again by the noticing
attorney nor any party who had been given
notice of the depo.
The court may order a subsequent
deposition.
The parties may stipulate to a subsequent
deposition of any nonparty.
2025 (u) Use
A party may use a deposition to
contradict or to impeach the
testimony of a witness.
All or any part of a deposition may be
offered in evidence.
2025.5 Copies to Nonparties
A transcript, videotape, or other recording
may be sold to any person requesting a
copy.
The CSR must inform all the parties that a
copy is being sought, the purchaser’s name,
and a protective order may be sought to
prevent the sale.
If no protective order is sent to the CSR
within 30 days, the transcript may be sold.
2026 Depo in Another State
Parties can take out-of-state depos.
California rules apply.
California CSRs can only act as depo
officers in these cases if they can
swear in witnesses under federal law,
can swear in witness under that
state’s law, are court-appointed, or if
the parties stipulate.
2027 Depo in Foreign Nation
Parties can take foreign depositions.
California rules apply.
California CSRs may take depos if they
are authorized to do so under the laws
of the foreign country, are under
letters rogatory, or if all parties
stipulate.
The court where the action is pending
will issue a letter rogatory or a letter
of request to the foreign court asking
it to issue any orders necessary while
it is within the foreign jurisdiction.
2028 Depo by Written Questions
The procedures for taking oral depos apply
to written depos.
The name and address or descriptive title of
the deposition officer will be stated in the
notice.
The questions to be asked must accompany
the notice.
Cross-questions must be served to all other
parties within 30 days.
A party objecting to the form of a
question or objecting on the grounds
of privilege must serve a specific
objection to all parties within 15 days.
The questions for direct examination
only may be forwarded to the
deponent prior to the deposition.
The noticing party shall deliver the
questions to the depo officer.
The court may modify the procedures.
2029 Depo in Cal.; Suit Elsewhere
A deponent will be compelled to
appear at a deposition taken pursuant
to an action pending in another state
or a foreign country whenever a writ,
a letter of request, or letter rogatory
is issued by a court of record.
2032 Physical & Mental Exams
An attorney for the examinee, or his
representative, may attend any
physical examination conducted for
discovery purposes as an observer.
The examination may be recorded
stenographically or by audiotape.
If the examiner performs unauthorized
tests or becomes abusive, the exam
may be suspended and a protective
order sought.
If the observer disrupts the exam, the
person conducting the exam may
suspend the exam.
A mental examination may be
recorded on audiotape only.
2093 Authorized to Administer
Every court, judge, court clerk,
justice, notary public, or any person
authorized to take testimony,
including a CSR, has the power to
administer oaths or affirmations.
2094 Oath to Witness
A sample oath is:
“You do solemnly swear (or affirm) that the
evidence you shall give in this issue (or
matter) shall be the truth, the whole truth,
and nothing but the truth, so help you
God?”
2096 Ceremonies of His Religion
When a person is sworn who believes
in any other than the Christian
religion, he may be sworn according to
the particular ceremonies of his
religion if there be any.
2097 Declaration; Affirmation
A witness may elect to make an
affirmation or declaration instead of
being sworn.
Questions on Sections 1019-2097
1. A deposition is NOT
A. necessarily taken by subpoena
B. under oath
C. a written declaration
D. taken after notice to the adverse party
Answer: A
2. A deposition is
A. a written declaration
B. under oath
C. made upon notice to the adverse party
D. all of the above
E. none of the above
Answer: D
3. A deposition officer shall provide a
copy of business records made under
2020(d)(4)
A. to
B. to
C. to
D. to
all parties to the lawsuit
any party purchasing a copy
the court
the person supplying the records
Answer: B
4. A deposition notice does not need to
state
A. intention
B. intention
C. intention
D. intention
to record by video
to record by subpoena
to take deposition
to file with the court
Answer: D
5. Objection to the qualifications of the
deposition officer must be
A. made to opposing counsel 10 days prior to the
deposition
B. made as soon as the grounds for the objection
are known
C. filed with the court 48 hours before the
deposition
D. given in writing to all parties before the
commencement of the deposition
Answer: B
6. Any objections to the qualifications
of the deposition officer is waived
unless
A. made before the deposition begins
B. the proponent determines he will
reserve his objection until trial
C. the deposition is under subpoena
D. it is a court-ordered deposition
Answer: A
7. Deposition testimony shall be taken
stenographically unless
A. the witness prefers videotape
B. plaintiff’s counsel requests it not be
C. the party noticing the deposition does
not want it transcribed
D. the parties agree otherwise
Answer: D
8. If the noticing party wishes to
videotape a deposition, he must
A. state such an intent in the notice
B. secure a court order
C. obtain written permission from opposing
counsel 10 days in advance
D. notify the deposition officer 10 days in
advance
Answer: A
9. If a party other than the noticing
party wants simultaneously to tape
deposition testimony, he must
A. notify the deposition officer in a timely
manner
B. secure a court order
C. have the agreement of all parties
D. serve written notice of this intent
Answer: D
10.Any intent to use a videotape
deposition of an expert witness at
trial must be
A. approved by the court
B. agreed to by the court reporter
C. agreed to by all parties
D. stated in the deposition notice
Answer: D
11.With regard to the preservation of
the reporter’s deposition notes, the
Code
A.
B.
C.
D.
specifies 5 years
specifies 10 years
states until the transcript is prepared
specifies 8 years if no transcript is
produced
Answer: D
12. If no stenographic record of deposition
testimony was made, the party offering a
videotape of the deposition must
A. secure a court reporter’s waiver
B. secure a court order
C. accompany the offer with a stenographic
transcript prepared from that recording
D. submit an abstract of the crucial testimony for
the court’s approval
Answer: C
13.Portions of the videotaped testimony
which are objected to
A. may be suppressed
B. should be transcribed for the clerk’s
minutes
C. must be removed 10 days before trial
D. must be heard by the jury
Answer: A
14.The moving party for an order
compelling an answer shall lodge the
transcript with the court not less
than
A.
B.
C.
D.
5 days prior to hearing
10 days prior to hearing
30 days prior to hearing
60 days prior to hearing
Answer: A
15.Sealed questions to be propounded to
the deponent should be sent to
A.
B.
C.
D.
the deponent
the officer of the court
the noticing party
the clerk of the court
Answer: C
16. After an objection to an irregularity in a
deposition
A. the reporter automatically cites the witness
B. the court must determine whether the
deposition shall continue
C. written notice of the irregularity must be filed
with the court
D. the deposition shall proceed subject to the
citation
Answer: D
17.The official record of deposition
testimony is the
A.
B.
C.
D.
audiotape
videotape
stenographic transcript
clerk’s transcript
Answer: C
18.To suppress a deposition, a motion
must
A. show a good faith attempt at an
informal resolution
B. show impeachment of the witness
C. be filed within 10 days of taking the
deposition
D. be signed by all attorneys
Answer: A
19.To suppress a deposition, a motion
must be
A. a concurrent resolution
B. null and void
C. filed within 30 days of taking the
deposition
D. seasonable
Answer: D
20.After a motion to suppress, a
monetary sanction may be imposed
A.
B.
C.
D.
against the deposition officer
against the prevailing party
against anyone who does not prevail
against anyone who successfully
opposes the motion
Answer: C
21.The deponent has how long following
notice that his transcript is ready for
reading and signing to do so?
A.
B.
C.
D.
10
20
30
60
days
days
days
days
Answer: C
22.The deposition officer shall give
notice of any changes in the
transcript made by the deponent
A.
B.
C.
D.
to the attending parties
before mailing the transcript
directly to the court
within 10 days of receipt
Answer: A
23.A copy of a letter making changes in
the deponent’s deposition shall be
A.
B.
C.
D.
mailed to all litigants
filed in court within 10 days
retained by the reporter for six months
mailed to all parties attending the
deposition
Answer: D
24.The period for making transcript
changes may be shortened by
A.
B.
C.
D.
an affidavit by the deponent’s attorney
the court
the deponent
an affidavit by the moving party
Answer: B
25.A letter making transcript changes is
mailed by the deponent to the
A.
B.
C.
D.
deposition officer
moving party
deponent’s attorney
court
Answer: A
26.Discovery may be obtained by written
questions instead of oral examination
A.
B.
C.
D.
only by the plaintiff
by any party
only by the defendant
only by court order
Answer: B
27.The time for reading and signing a
deposition may be shortened by the
A.
B.
C.
D.
attorney for defendant
attorney for plaintiff
reporter
court
Answer: D
28.The reporter must notify whom that
the original transcript is available?
A.
B.
C.
D.
only the deponent
only the attorney for the deponent
all attorneys
deponent and all parties attending the
deposition
Answer: D
29.Waiver of signature must be agreed
to by
A. any two attorneys
B. just the deponent
C. the deponent and all parties attending
the deposition
D. all attorneys and the court
Answer: C
30.If the deponent does not contact the
officer within the allotted period, the
officer should
A. notify the court
B. subpoena the witness
C. file the transcript with the court
immediately
D. indicate the failure to approve the
transcript on the original
Answer: D
31.If the deponent does not contact the
officer within the allotted period, the
deposition
A. has the same force and effect as though
signed
B. is null and void
C. must be authenticated by the clerk of
the court
D. must be attested to by two witnesses
Answer: A
32.If the deponent expressly refuses to
sign the deposition,
A. a writ of mandamus will be issued
B. the deposition must be certified by the
clerk of the court
C. the deposition has the same force and
effect as though signed
D. the deponent’s attorney may sign in lieu
of the deponent
Answer: C
33.The deposition officer does not need
to certify on the deposition transcript
that
A. deponent was duly sworn
B. the stenographic transcript is a true
record
C. any video recording is a true record
D. the deposition notice was served in a
timely manner
Answer: D
34.The certified transcript shall be
A.
B.
C.
D.
filed with the court
sent to deponent
sent to attorney for deponent
sent to noticing attorney
Answer: D
35.The sealed envelope containing the
deposition transcript must have on
the outside
A.
B.
C.
D.
the title of the action
the date of the deposition
the name of the deposition officer
all of the above
Answer: A
36.Notice of a written deposition under
Section 2028(b) must include
A.
B.
C.
D.
name of deposition officer
date of deposition
place of deposition
time of deposition
Answer: A
37.On a written deposition the questions
to be propounded to the deponent by
direct examination
A.
B.
C.
D.
shall accompany the notice
shall be approved by court
shall be sent in advance to all parties
shall be certified by the deposition
officer
Answer: A
38.Cross-questions on a written
deposition by mail
A.
B.
C.
D.
are not allowed
must be reviewed by the court
must be served within 30 days
must be certified by the court reporter
Answer: C
39.On a written deposition, a party who
fails to timely serve an objection
A. is subject to sanctions
B. waives the objection
C. must have the reporter certify the
question
D. must lodge the objection in court within
15 days
Answer: B
40.Notice of taking a deposition must be
given to
A.
B.
C.
D.
the court clerk
the presiding judge
the adverse party
the appellate court
Answer: C
41.A deposition subpoena must specify
A. how many witnesses will be called
B. whether the deposition is for discovery
or to preserve evidence
C. the rights of the deponent to appeal
D. the time and the place where the
deponent is commanded to attend
Answer: D
42.A witness under subpoena may be
held in contempt of court if he
disobeys a
A.
B.
C.
D.
notice
motion
subpoena
stipulation
Answer: C
43.A deposition officer notifies a witness
who refuses to answer that it will be
reported in not more than
A.
B.
C.
D.
10
20
30
60
days
days
days
days
Answer: B
44. If a witness subpoenaed in a deposition
refuses to be sworn or answer a question or
sign a deposition, it is the duty of the
officer to
A. report such refusal to the clerk of the court
B. report such refusal to all parties to the action
C. serve the witness with an order directing
compliance
D. lodge a copy of the deposition with the Law
and Motion Department
Answer: A
45.Depositions of parties out of state to
be used in this state
A. may be taken in another state
B. must be retaken in this state
C. may be taken in another state only if
presided over by a judge of that state
D. must be sealed
Answer: A
46.If the deposition officer receives a
request for an expedited transcript
from one party, he should
A. delivery it confidentially
B. deliver it and inform the other parties
C. make the transcript available to all
parties at the same time
D. deliver it and charge 50 percent more
Answer: C
47.A rough draft transcript
A. may only be produced upon stipulation
of all parties
B. must be delivered at the time of the
deposition
C. may not be cited to rebut the certified
transcript
D. must be securely sealed and
transmitted to the noticing attorney
Answer: C
True or False
48.A deposition subpoena shall specify
the time and place of the deposition.
True
49.A deposition subpoena must list the
questions to be asked at the
deposition.
False
50.It is necessary to have a court order
in order to videotape a deposition.
False
51.The deposition officer must provide a
copy of business records to any party
to an action who subsequently
notifies the officer of his desire to
purchase a copy.
True
52.Section 2021 specifically provides
that a deposition officer must be a
CSR.
False
53.A custodian of records may deliver
records by mail.
True
54.Delivery of records by a custodian of
records must always be in a sealed
envelope in accordance with the
Evidence Code.
False
55.The deposition officer shall suspend
the taking of testimony upon demand
of any party who is seeking a
protective order.
True
56.If a party has notice of a deposition
and fails to attend, he may not
obtain a copy of the transcript.
False
57.The deponent may change his
answers by a signed letter to the
deposition officer.
True
58.The deponent must get court
approval to change an answer in a
deposition transcript.
False
59.Since January 1, 1990, the deponent
may only make changes in his
deposition by means of a letter to the
deposition officer.
False
60.A letter making transcript changes
mailed by the deponent should be
sent with return receipt requested.
True
61.Before utilizing the “notice by letter”
alternative for transcript changes,
the deponent must notify each
attending party of his intent.
False
62.The procedures for taking oral
depositions in California apply to
depositions in California cases taken
in another state.
True
63.Discovery may not be obtained by
written questions instead of by oral
examination.
False
64.The attorney for the examinee shall
be permitted to observe any physical
examination conducted for discovery
purposes.
True
65.The deponent and all parties
attending a deposition may agree to
waive the signature of the deponent.
True
66.The deponent may change his
answers by a signed letter to his own
attorney.
False
67.Transcripts should be printed in a
conventional point size.
True
68.The court shall restrict discovery if it
is determined to be unduly
burdensome.
True
69.The court may impose monetary
sanctions against an attorney who has
been unduly subjected to
burdensome and duplicative tactics.
False
70.The deposition officer should notify
the witness under subpoena who
refuses to answer that he must
appear in court within 48 hours.
False
71.The deposition officer shall enter in
the record an exact transcription of
the request made of him to direct a
witness under subpoena to answer as
a witness.
True
72.A rough draft transcript may be cited
as the certified transcript.
False
73.An oath may be administered
according to the ceremonies of the
religion of the witness.
True
74.The attorney for the examinee must
be personally present at a medical
examination under 2032.
False
75.An observer under Section 2032 may
suspend the examination to make a
motion for a protective order.
True