May 31, 2018

California Code of Civil Procedure for Video Deposition

By: Colleen Jilio-Ryan | Posted in: Deposition video conference

California Code of Civil Procedure for Video Deposition

In California, if an attorney chooses to record a deposition, either in audio or audio/visual form, a notice must be sent to all parties involved prior to the scheduled deposition hearing. The Code of Civil Procedure in California details the legal requirements that must be in place for a video deposition to be recorded in any way.

Read on to learn more about the Code of Civil Procedure in California.

Written Notice (CCP 2025.330(c))

Written notice must be presented to all parties involved in the case within 3 days of the scheduled hearing if a party intends to record a deposition. Other parties may also make recordings at their own expense during that time. In some cases, it may be written on every notice that goes out.

Civil Procedures (CCP 2025.340)

CCP2025.340 explains in great detail the procedure and protocols for recording a deposition in any form. They include:

  • CCP 2025.340(a) – Large, well-lit, and quiet enough to hear
  • CCP 2025.340(b) – Recorder must be able to effectively operate the audio/visual equipment
  • CCP 2025.340(c) – In certain situations, the recorder must be able to administer an oath and meet other specific requirements
  • CCP 2025.340(g) – Operator must not distort or manipulate the sound or image of the participants in any way
  • CCP 2025.340 (h) – An opening statement must be made that includes the reporter’s name, business name, and company address, date, time, and address of where the deposition is taking place
  • CCP 2025.340 (i) – Legal counsel for both parties must state their names on the recording
  • CCP 2025.340 (j) – The operator must record the oath being administered to the deponent
  • CCP 2025.340 (k) – If more than one recording is used, recorded statements declaring the end/beginning of each tape must be used
  • CCP 2025.340 (l) – A final statement must be made at the end of the deposition declaring such and stipulations from counsel as it pertains to who may have access to the recording

The Code of Civil Procedure should be studied in its entirety before taking on any video or audio depositions because every client should feel safe about engaging a videographer.

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