California Code of Civil
Procedure Section 2028 2028. (a) Any party may obtain discovery by taking a deposition by
written questions instead of by oral examination. Except as modified
in this section, the procedures for taking oral depositions set
forth in Sections 2025, 2026, and 2027 apply to written depositions.
(b) The notice of a written deposition shall comply with
subdivision (d) of Section 2025, except that (1) the name or
descriptive title, as well as the address, of the deposition officer
shall be stated, and (2) the date, time, and place for commencement
of the deposition may be left to future determination by the
deposition officer.
(c) The questions to be propounded to the deponent by direct
examination shall accompany the notice of a written deposition.
Within 30 days after the deposition notice and questions are
served, a party shall serve any cross questions on all other parties
entitled to notice of the deposition.
Within 15 days after being served with cross questions, a party
shall serve any redirect questions on all other parties entitled to
notice of the deposition.
Within 15 days after being served with redirect questions, a party
shall serve any recross questions on all other parties entitled to
notice of the deposition.
The court may, for good cause shown, extend or shorten the time
periods for the interchange of cross, redirect, and recross
questions.
(d) (1) A party who objects to the form of any question shall
serve a specific objection to that question on all parties entitled
to notice of the deposition within 15 days after service of the
question. A party who fails to timely serve an objection to the form
of a question waives it. The objecting party shall promptly move
the court to sustain the objection. This motion shall be accompanied
by a declaration stating facts showing a reasonable and good faith
attempt at an informal resolution of each issue presented by the
objection and motion. Unless the court has sustained that objection,
the deposition officer shall propound to the deponent that question
subject to that objection as to its form.
The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes or
opposes a motion to sustain an objection, unless it finds that the
one subject to the sanction acted with substantial justification or
that other circumstances make the imposition of the sanction unjust.
(2) A party who objects to any question on the ground that it
calls for information that is privileged or is protected work product
under Section 2018 shall serve a specific objection to that question
on all parties entitled to notice of the deposition within 15 days
after service of the question. A party who fails to timely serve
that objection waives it. The party propounding any question to
which an objection is made on those grounds may then move the court
for an order overruling that objection. This motion shall be
accompanied by a declaration stating facts constituting a reasonable
and good faith attempt at an informal resolution of each issue
presented by the objection and motion. The deposition officer shall
not propound to the deponent any question to which a written
objection on those grounds has been served unless the court has
overruled that objection.
The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes or
opposes a motion to overrule an objection, unless it finds that the
one subject to the sanction acted with substantial justification or
that other circumstances make the imposition of the sanction unjust.
(e) The party taking a written deposition may forward to the
deponent a copy of the questions on direct examination for study
prior to the deposition. No party or attorney shall permit the
deponent to preview the form or the substance of any cross, redirect,
or recross questions.
(f) In addition to any appropriate order listed in subdivision (i)
of Section 2025, the court may order any of the following:
(1) That the deponent's testimony be taken by oral, instead of
written, examination.
(2) That one or more of the parties receiving notice of the
written deposition be permitted to attend in person or by attorney
and to propound questions to the deponent by oral examination.
(3) That objections under subdivision (d) be sustained or
overruled.
(4) That the deposition be taken before an officer other than the
one named or described in the deposition notice.
(g) The party taking the deposition shall deliver to the officer
designated in the deposition notice a copy of that notice and of all
questions served under subdivision (c). The deposition officer shall
proceed promptly to propound the questions and to take and record
the testimony of the deponent in response to the questions. |
