California Civil Procedure

California Discovery

1986 Discovery Act

CCP § 2027

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 California Code of Civil Procedure Section 2027

2027.  (a) Any party may obtain discovery by taking an oral
deposition, as described in subdivision (a) of Section 2025, in a
foreign nation.  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 a foreign nation.
   (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 the deponent to attend and
to testify, as well as to produce any document or tangible thing for
inspection and copying.
   (2) If a 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 foreign
nation 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 under
the supervision of (1) a person who is authorized to administer
oaths or their equivalent by the laws of the United States or of the
foreign nation, and who is not otherwise disqualified under
subdivision (k) and subparagraph (B) of paragraph (2) of subdivision
(l) of Section 2025; (2) a person or officer appointed by commission
or under letters rogatory; or (3) any person agreed to by all the
parties.
   On motion of the party seeking to take an oral deposition in a
foreign nation, the court in which the action is pending shall issue
a commission, letters rogatory, or a letter of request, if it
determines that one is necessary or convenient.  The commission,
letters rogatory, or letter of request may include any terms and
directions that are just and appropriate.  The deposition officer may
be designated by name or by descriptive title in the deposition
notice and in the commission.  Letters rogatory or a letter of
request may be addressed:  "To the Appropriate Judicial Authority in
(name of foreign nation)."