Section § 2028.010

Explanation

This law section allows a person involved in a legal case to ask for information by submitting written questions instead of doing an in-person interview (oral deposition). The procedures for this written method follow the same rules as those for oral interviews, unless specified otherwise in this part of the law.

Any party may obtain discovery by taking a deposition by written questions instead of by oral examination. Except as modified in this chapter, the procedures for taking oral depositions set forth in Chapters 9 (commencing with Section 2025.010) and 10 (commencing with Section 2026.010) apply to written depositions.

Section § 2028.020

Explanation

This law explains how to properly notify parties about a written deposition. It requires following certain existing rules, but with a few exceptions. Firstly, the notice must include the name, title, and address of the person in charge of the deposition. Secondly, the precise date, time, and location do not need to be set at the time of the notice; these can be decided later by the deposition officer.

The notice of a written deposition shall comply with Sections 2025.220 and 2025.230, and with subdivision (c) of Section 2020.240, except as follows:
(a)CA Civil Procedure Code § 2028.020(a) The name or descriptive title, as well as the address, of the deposition officer shall be stated.
(b)CA Civil Procedure Code § 2028.020(b) The date, time, and place for commencement of the deposition may be left to future determination by the deposition officer.

Section § 2028.030

Explanation

This law outlines the process for written depositions, detailing how questions for a deponent are handled. First, the questions for direct examination must be included with the notice of the deposition. Then, within 30 days, other parties can submit cross-examination questions. If necessary, redirect questions must be served within 15 days after receiving cross questions, and recross questions can follow within another 15 days. The court has the authority to alter these timeframes if good reasons are presented.

(a)CA Civil Procedure Code § 2028.030(a) The questions to be propounded to the deponent by direct examination shall accompany the notice of a written deposition.
(b)CA Civil Procedure Code § 2028.030(b) 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.
(c)CA Civil Procedure Code § 2028.030(c) 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.
(d)CA Civil Procedure Code § 2028.030(d) 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.
(e)CA Civil Procedure Code § 2028.030(e) The court may, for good cause shown, extend or shorten the time periods for the interchange of cross, redirect, and recross questions.

Section § 2028.040

Explanation

If you have an issue with how a question is asked during a deposition, you need to clearly let everyone involved know within 15 days. If you don't, you lose the right to object to it later. After objecting, you must quickly ask the court to back you up with a special motion that shows you've tried to work things out first. Until the court decides on your objection, the person being questioned will have to answer the question as it is. If you lose or oppose this motion without a good reason, the court can fine you, unless you had a strong reason for your actions or the fine would be unfair.

(a)CA Civil Procedure Code § 2028.040(a) 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.
(b)CA Civil Procedure Code § 2028.040(b) The objecting party shall promptly move the court to sustain the objection. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. 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.
(c)CA Civil Procedure Code § 2028.040(c) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) 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.

Section § 2028.050

Explanation

If someone objects to a question during a deposition because they believe it asks for privileged or protected information, they must let everyone involved know within 15 days, or the objection is waived. If an objection is filed, the person who asked the original question can ask the court to dismiss the objection. There's a specific process to follow, including a requirement to discuss the issue with the other party. Any question with an objection can't be asked unless the court decides against the objection. If you lose the court motion about the objection and acted without good reason, you might have to pay a penalty, unless there's a good reason not to impose it.

(a)CA Civil Procedure Code § 2028.050(a) A party who objects to any question on the ground that it calls for information that is privileged or is protected work product under Chapter 4 (commencing with Section 2018.010) 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.
(b)CA Civil Procedure Code § 2028.050(b) 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 meet and confer declaration under Section 2016.040. 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.
(c)CA Civil Procedure Code § 2028.050(c) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) 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.

Section § 2028.060

Explanation

When someone is set to give a written deposition, the party questioning them can send them a copy of their direct examination questions to look over ahead of time. However, neither the parties involved nor their attorneys are allowed to show the deponent any questions they might face during cross-examination or follow-up questioning.

(a)CA Civil Procedure Code § 2028.060(a) 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.
(b)CA Civil Procedure Code § 2028.060(b) No party or attorney shall permit the deponent to preview the form or the substance of any cross, redirect, or recross questions.

Section § 2028.070

Explanation

This section allows a court to make specific orders about depositions, which are ways to collect testimony. The court can decide if the testimony should be given out loud rather than in writing. It can also allow parties to be present and ask questions directly. The court can rule on certain objections about the deposition. Lastly, it can order that the deposition happen in front of a different officer than originally planned.

In addition to any appropriate order listed in Section 2025.420, the court may order any of the following:
(a)CA Civil Procedure Code § 2028.070(a) That the deponent’s testimony be taken by oral, instead of written, examination.
(b)CA Civil Procedure Code § 2028.070(b) 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.
(c)CA Civil Procedure Code § 2028.070(c) That objections under Sections 2028.040 and 2028.050 be sustained or overruled.
(d)CA Civil Procedure Code § 2028.070(d) That the deposition be taken before an officer other than the one named or described in the deposition notice.

Section § 2028.080

Explanation

When a party schedules a written deposition, they must give a copy of the deposition notice and any questions to the officer who will handle the deposition. This officer is responsible for asking the questions promptly and recording the person's answers.

The party taking a written deposition shall deliver to the officer designated in the deposition notice a copy of that notice and of all questions served under Section 2028.030. 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.