SECTIONS 2025.610-2025.620 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 2025.610-2025.620

2025.610. (a) Once any party has taken the deposition of any
natural person, including that of a party to the action, neither the
party who gave, nor any other party who has been served with a
deposition notice pursuant to Section 2025.240 may take a subsequent
deposition of that deponent.
(b) Notwithstanding subdivision (a), for good cause shown, the
court may grant leave to take a subsequent deposition, and the
parties, with the consent of any deponent who is not a party, may
stipulate that a subsequent deposition be taken.
(c) This section does not preclude taking one subsequent
deposition of a natural person who has previously been examined under
either or both of the following circumstances:
(1) The person was examined as a result of that person's
designation to testify on behalf of an organization under Section
2025.230.
(2) The person was examined pursuant to a court order under
Section 485.230, for the limited purpose of discovering pursuant to
Section 485.230 the identity, location, and value of property in
which the deponent has an interest.
(d) This section does not authorize the taking of more than one
subsequent deposition for the limited purpose of Section 485.230.

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:
(a) 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.
(b) 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.
(c) 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:
(A) Exempted or precluded on the ground of privilege from
testifying concerning the matter to which the deponent's testimony is
relevant.
(B) Disqualified from testifying.
(C) Dead or unable to attend or testify because of existing
physical or mental illness or infirmity.
(D) Absent from the trial or other hearing and the court is unable
to compel the deponent's attendance by its process.
(E) 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.
(d) 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.
(e) 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.
(f) Substitution of parties does not affect the right to use
depositions previously taken.
(g) 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.