SECTIONS 2025.410-2025.480 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 2025.410-2025.480

2025.410. (a) Any party served with a deposition notice that does
not comply with Article 2 (commencing with Section 2025.210) waives
any error or irregularity unless that party promptly serves a written
objection specifying that error or irregularity at least three
calendar days prior to the date for which the deposition is
scheduled, on the party seeking to take the deposition and any other
attorney or party on whom the deposition notice was served.
(b) If an objection is made three calendar days before the
deposition date, the objecting party shall make personal service of
that objection pursuant to Section 1011 on the party who gave notice
of the deposition. Any deposition taken after the service of a
written objection shall not be used against the objecting party under
Section 2025.620 if the party did not attend the deposition and if
the court determines that the objection was a valid one.
(c) In addition to serving this written objection, a party may
also move for an order staying the taking of the deposition and
quashing the deposition notice. This motion shall be accompanied by a
meet and confer declaration under Section 2016.040. The taking of
the deposition is stayed pending the determination of this motion.
(d) 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 quash a
deposition notice, 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.

2025.420. (a) Before, during, or after a deposition, any party, any
deponent, or any other affected natural person or organization may
promptly move for a protective order. The motion shall be accompanied
by a meet and confer declaration under Section 2016.040.
(b) The court, for good cause shown, may make any order that
justice requires to protect any party, deponent, or other natural
person or organization from unwarranted annoyance, embarrassment, or
oppression, or undue burden and expense. This protective order may
include, but is not limited to, one or more of the following
directions:
(1) That the deposition not be taken at all.
(2) That the deposition be taken at a different time.
(3) That a video recording of the deposition testimony of a
treating or consulting physician or of any expert witness, intended
for possible use at trial under subdivision (d) of Section 2025.620,
be postponed until the moving party has had an adequate opportunity
to prepare, by discovery deposition of the deponent, or other means,
for cross-examination.
(4) That the deposition be taken at a place other than that
specified in the deposition notice, if it is within a distance
permitted by Sections 2025.250 and 2025.260.
(5) That the deposition be taken only on certain specified terms
and conditions.
(6) That the deponent's testimony be taken by written, instead of
oral, examination.
(7) That the method of discovery be interrogatories to a party
instead of an oral deposition.
(8) That the testimony be recorded in a manner different from that
specified in the deposition notice.
(9) That certain matters not be inquired into.
(10) That the scope of the examination be limited to certain
matters.
(11) That all or certain of the writings or tangible things
designated in the deposition notice not be produced, inspected, or
copied.
(12) That designated persons, other than the parties to the action
and their officers and counsel, be excluded from attending the
deposition.
(13) That a trade secret or other confidential research,
development, or commercial information not be disclosed or be
disclosed only to specified persons or only in a specified way.
(14) That the parties simultaneously file specified documents
enclosed in sealed envelopes to be opened as directed by the court.
(15) That the deposition be sealed and thereafter opened only on
order of the court.
(16) That examination of the deponent be terminated. If an order
terminates the examination, the deposition shall not thereafter be
resumed, except on order of the court.
(c) If the motion for a protective order is denied in whole or in
part, the court may order that the deponent provide or permit the
discovery against which protection was sought on those terms and
conditions that are just.
(d) 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 for a
protective order, 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.

2025.430. If the party giving notice of a deposition fails to
attend or proceed with it, the court shall impose a monetary sanction
under Chapter 7 (commencing with Section 2023.010) against that
party, or the attorney for that party, or both, and in favor of any
party attending in person or by attorney, 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.

2025.440. (a) If a deponent does not appear for a deposition
because the party giving notice of the deposition failed to serve a
required deposition subpoena, the court shall impose a monetary
sanction under Chapter 7 (commencing with Section 2023.010) against
that party, or the attorney for that party, or both, in favor of any
other party who, in person or by attorney, attended at the time and
place specified in the deposition notice in the expectation that the
deponent's testimony would be taken, unless the court finds that the
one subject to the sanction acted with substantial justification or
that other circumstances make the imposition of the sanction unjust.
(b) If a deponent on whom a deposition subpoena has been served
fails to attend a deposition or refuses to be sworn as a witness, the
court may impose on the deponent the sanctions described in Section
2020.240.

2025.450. (a) If, after service of a deposition notice, a party to
the action or an officer, director, managing agent, or employee of a
party, or a person designated by an organization that is a party
under Section 2025.230, without having served a valid objection under
Section 2025.410, fails to appear for examination, or to proceed
with it, or to produce for inspection any document or tangible thing
described in the deposition notice, the party giving the notice may
move for an order compelling the deponent's attendance and testimony,
and the production for inspection of any document or tangible thing
described in the deposition notice.
(b) A motion under subdivision (a) shall comply with both of the
following:
(1) The motion shall set forth specific facts showing good cause
justifying the production for inspection of any document or tangible
thing described in the deposition notice.
(2) The motion shall be accompanied by a meet and confer
declaration under Section 2016.040, or, when the deponent fails to
attend the deposition and produce the documents or things described
in the deposition notice, by a declaration stating that the
petitioner has contacted the deponent to inquire about the
nonappearance.
(c) (1) If a motion under subdivision (a) is granted, the court
shall impose a monetary sanction under Chapter 7 (commencing with
Section 2023.010) in favor of the party who noticed the deposition
and against the deponent or the party with whom the deponent is
affiliated, unless the court finds that the one subject to the
sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.
(2) On motion of any other party who, in person or by attorney,
attended at the time and place specified in the deposition notice in
the expectation that the deponent's testimony would be taken, the
court shall impose a monetary sanction under Chapter 7 (commencing
with Section 2023.010) in favor of that party and against the
deponent or the party with whom the deponent is affiliated, unless
the court finds that the one subject to the sanction acted with
substantial justification or that other circumstances make the
imposition of the sanction unjust.
(d) If that party or party-affiliated deponent then fails to obey
an order compelling attendance, testimony, and production, the court
may make those orders that are just, including the imposition of an
issue sanction, an evidence sanction, or a terminating sanction under
Chapter 7 (commencing with Section 2023.010) against that party
deponent or against the party with whom the deponent is affiliated.
In lieu of, or in addition to, this sanction, the court may impose a
monetary sanction under Chapter 7 (commencing with Section 2023.010)
against that deponent or against the party with whom that party
deponent is affiliated, and in favor of any party who, in person or
by attorney, attended in the expectation that the deponent's
testimony would be taken pursuant to that order.

2025.460. (a) The protection of information from discovery on the
ground that it is privileged or that it is a protected work product
under Chapter 4 (commencing with Section 2018.010) is waived unless a
specific objection to its disclosure is timely made during the
deposition.
(b) Errors and irregularities of any kind occurring at the oral
examination that might be cured if promptly presented are waived
unless a specific objection to them is timely made during the
deposition. These errors and irregularities include, but are not
limited to, those relating to the manner of taking the deposition, to
the oath or affirmation administered, to the conduct of a party,
attorney, deponent, or deposition officer, or to the form of any
question or answer. Unless the objecting party demands that the
taking of the deposition be suspended to permit a motion for a
protective order under Sections 2025.420 and 2025.470, the deposition
shall proceed subject to the objection.
(c) Objections to the competency of the deponent, or to the
relevancy, materiality, or admissibility at trial of the testimony or
of the materials produced are unnecessary and are not waived by
failure to make them before or during the deposition.
(d) If a deponent fails to answer any question or to produce any
document or tangible thing under the deponent's control that is
specified in the deposition notice or a deposition subpoena, the
party seeking that answer or production may adjourn the deposition or
complete the examination on other matters without waiving the right
at a later time to move for an order compelling that answer or
production under Section 2025.480.

2025.470. The deposition officer may not suspend the taking of
testimony without the stipulation of all parties present unless any
party attending the deposition, including the deponent, demands that
the deposition officer suspend taking the testimony to enable that
party or deponent to move for a protective order under Section
2025.420 on the ground that the examination is being conducted in bad
faith or in a manner that unreasonably annoys, embarrasses, or
oppresses that deponent or party.

2025.480. (a) If a deponent fails to answer any question or to
produce any document or tangible thing under the deponent's control
that is specified in the deposition notice or a deposition subpoena,
the party seeking discovery may move the court for an order
compelling that answer or production.
(b) This motion shall be made no later than 60 days after the
completion of the record of the deposition, and shall be accompanied
by a meet and confer declaration under Section 2016.040.
(c) Notice of this motion shall be given to all parties and to the
deponent either orally at the examination, or by subsequent service
in writing. If the notice of the motion is given orally, the
deposition officer shall direct the deponent to attend a session of
the court at the time specified in the notice.
(d) Not less than five days prior to the hearing on this motion,
the moving party shall lodge with the court a certified copy of any
parts of the stenographic transcript of the deposition that are
relevant to the motion. If a deposition is recorded by audio or video
technology, the moving party is required to lodge a certified copy
of a transcript of any parts of the deposition that are relevant to
the motion.
(e) If the court determines that the answer or production sought
is subject to discovery, it shall order that the answer be given or
the production be made on the resumption of the deposition.
(f) 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 compel an
answer or production, 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.
(g) If a deponent fails to obey an order entered under this
section, the failure may be considered a contempt of court. In
addition, if the disobedient deponent is a party to the action or an
officer, director, managing agent, or employee of a party, the court
may make those orders that are just against the disobedient party, or
against the party with whom the disobedient deponent is affiliated,
including the imposition of an issue sanction, an evidence sanction,
or a terminating sanction under Chapter 7 (commencing with Section
2023.010). In lieu of or in addition to this sanction, the court may
impose a monetary sanction under Chapter 7 (commencing with Section
2023.010) against that party deponent or against any party with whom
the deponent is affiliated.