In California civil cases, an oral deposition is a legal process in which a party or witness is questioned under oath by an attorney outside of court, typically in the presence of a court reporter who transcribes the proceedings. Depositions are a key discovery tool, as they allow attorneys to gather information, assess the credibility of witnesses, and preserve testimony for trial. Under California Code of Civil Procedure section 2025.010, oral depositions are typically conducted in the presence of the deponent (the person being questioned), and the attorneys representing the parties in the case. The attorney questioning the deponent is allowed to ask a broad range of questions, including those that may be relevant to the case or lead to the discovery of admissible evidence. The deposition testimony can be used in court to impeach a witness’s testimony if they contradict their deposition statements or if the witness is unavailable to testify at trial.
The rules governing oral depositions in California require that proper notice be given to all parties involved in the case. The notice must specify the date, time, and location of the deposition, and it must be served at least 10 days in advance. The person being deposed is required to answer questions truthfully, under penalty of perjury, unless the questions are protected by privilege (e.g., attorney-client privilege). In addition to the questioning, the opposing party may object to specific questions, but the deponent must still answer unless the question violates a legal privilege. After the deposition, the transcript is typically made available to all parties, and it can be used during trial to challenge the deponent’s testimony or to present the deponent’s statements if they cannot appear in person. Depositions are a crucial part of the litigation process, providing parties with valuable insights and preserving critical evidence.