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 California Civil Procedure
California Discovery
1986 Discovery Act Code Provisions
 California Code of Civil Procedure Section 2024

 

  
California Code of Civil Procedure Section 2024

2026.  (a) Any party may obtain discovery by taking an oral
deposition, as described in subdivision (a) of Section 2025, in
another state of the United States, or in a territory or an insular
possession subject to its jurisdiction.  Except as modified in this
section, the procedures for taking oral depositions in California set
forth in Section 2025 apply to an oral deposition taken in another
state of the United States, or in a territory or an insular
possession subject to its jurisdiction.
   (b) (1) If a deponent is a party to the action or an officer,
director, managing agent, or employee of a party, the service of the
deposition notice is effective to compel that deponent to attend and
to testify, as well as to produce any document or tangible thing for
inspection and copying.  The deposition notice shall specify a place
in the state, territory, or insular possession of the United States
that is within 75 miles of the residence or a business office of a
deponent.
   (2) If the deponent is not a party to the action or an officer,
director, managing agent, or employee of a party, a party serving a
deposition notice under this section shall use any process and
procedures required and available under the laws of the state,
territory, or insular possession where the deposition is to be taken
to compel the deponent to attend and to testify, as well as to
produce any document or tangible thing for inspection, copying, and
any related activity.
   (c) A deposition taken under this section shall be conducted (1)
under the supervision of a person who is authorized to administer
oaths by the laws of the United States or those of the place where
the examination is to be held, and who is not otherwise disqualified
under subdivision (k) and subparagraph (B) of paragraph (2) of
subdivision (l) of Section 2025, or (2) before a person appointed by
the court.  This appointment is effective to authorize that person to
administer oaths and to take testimony.  On request, the clerk of
the court shall issue a commission authorizing the deposition in
another state or place.  The commission shall request that process
issue in the place where the examination is to be held, requiring
attendance and enforcing the obligations of the deponents to produce
documents and answer questions.  The commission shall be issued by
the clerk to any party in any action pending in its venue without a
noticed motion or court order.  The commission may contain such terms
as are required by the foreign jurisdiction to initiate the process.
  If a court order is required by the foreign jurisdiction, an order
for a commission may be obtained by ex parte application.
 


California Discovery Primary Table of Contents
California Discovery Forms: Form Interrogatories and Request for Admissions mmm
Special Interrogatories: Sample Special Interrogatories: Agreement:   
California Discovery: 1986 Discovery Act Code Provisions: Table of Contents        
California Discovery Introduction Table of Contents



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