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 before any deposition can be video recorded.

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

Written Notice (CCP 2025.330(c))

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) – The area where the recorded deponent is testifying must be 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

Deposition Notice CCP 2025.220A party desiring to take the oral deposition of any person shall give notice in writing. The deposition notice shall state all of the following:

  1. The address where the deposition will be taken.
  2. The date of the deposition, selected under Section 2025.270, and the time it will commence.
  3. The name of each deponent, and the address and telephone number, if known, of any deponent who is not a party to the action. If the name of the deponent is not known, the deposition notice shall set forth instead a general description sufficient to identify the person or particular class to which the person belongs.

  4. The specification with reasonable particularity of any materials or category of materials to be produced by the deponent.
  5. Any intention by the party noticing the deposition to record the testimony by audio or video technology, in addition to recording the testimony by the stenographic method as required by Section 2025.330 and any intention to record the testimony by stenographic method through the instant visual display of the testimony.

  6. Any intention to reserve the right to use at trial a video recording of the deposition testimony of a treating or consulting physician or of any expert witness under subdivision (d) of Section 2025.620. {Source: California Code of Civil Procedure 2025.220}

Usage of Video Depositions at Trial CCP 2025.620

At the trial or any other hearing in the action, any part or all of a deposition may be used against any party who was present or represented at the taking of the deposition, or who had due notice of the deposition and did not serve a valid objection under Section 2025.410, so far as admissible under the rules of evidence applied as though the deponent were then present and testifying as a witness, in accordance with the following provisions:

  1. Any party may use a deposition for the purpose of contradicting or impeaching the testimony of the deponent as a witness, or for any other purpose permitted by the Evidence Code.

  2. An adverse party may use for any purpose, a deposition of a party to the action, or of anyone who at the time of taking the deposition was an officer, director, managing agent, employee, agent, or designee under Section 2025.230 of a party. It is not ground for objection to the use of a deposition of a party under this subdivision by an adverse party that the deponent is available to testify, has testified, or will testify at the trial or other hearing.

  3. Any party may use for any purpose the deposition of any person or organization, including that of any party to the action, if the court finds any of the following:

    1. The deponent resides more than 150 miles from the place of the trial or other hearing.

    2. The deponent, without the procurement or wrongdoing of the proponent of the deposition for the purpose of preventing testimony in open court, is any of the following:

      1. Exempted or precluded on the ground of privilege from testifying concerning the matter to which the deponent’s testimony is relevant.

      2. Disqualified from testifying.

      3. Dead or unable to attend or testify because of existing physical or mental illness or infirmity.

      4. Absent from the trial or other hearing and the court is unable to compel the deponent’s attendance by its process.

      5. Absent from the trial or other hearing and the proponent of the deposition has exercised reasonable diligence but has been unable to procure the deponent’s attendance by the court’s process.

    3. Exceptional circumstances exist that make it desirable to allow the use of any deposition in the interests of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court.

  4. Any party may use a video recording of the deposition testimony of a treating or consulting physician or of any expert witness even though the deponent is available to testify if the deposition notice under Section 2025.220 reserved the right to use the deposition at trial, and if that party has complied with subdivision (m) of Section 2025.340.

  5. Subject to the requirements of this chapter, a party may offer in evidence all or any part of a deposition, and if the party introduces only part of the deposition, any other party may introduce any other parts that are relevant to the parts introduced.

  6. Substitution of parties does not affect the right to use depositions previously taken.

  7. When an action has been brought in any court of the United States or of any state, and another action involving the same subject matter is subsequently brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the initial action may be used in the subsequent action as if originally taken in that subsequent action. A deposition previously taken may also be used as permitted by the Evidence Code. {Source: California Code of Civil Procedure 2025.620}

  8. 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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