SECTIONS 2026.010-2027.010 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 2026.010-2027.010

2026.010. (a) Any party may obtain discovery by taking an oral
deposition, as described in Section 2025.010, in another state of the
United States, or in a territory or an insular possession subject to
its jurisdiction. Except as modified in this section, the procedures
for taking oral depositions in California set forth in Chapter 9
(commencing with Section 2025.010) apply to an oral deposition taken
in another state of the United States, or in a territory or an
insular possession subject to its jurisdiction.
(b) If a deponent is a party to the action or an officer,
director, managing agent, or employee of a party, the service of the
deposition notice is effective to compel that deponent to attend and
to testify, as well as to produce any document or tangible thing for
inspection and copying. The deposition notice shall specify a place
in the state, territory, or insular possession of the United States
that is within 75 miles of the residence or a business office of a
deponent.
(c) If the deponent is not a party to the action or an officer,
director, managing agent, or employee of a party, a party serving a
deposition notice under this section shall use any process and
procedures required and available under the laws of the state,
territory, or insular possession where the deposition is to be taken
to compel the deponent to attend and to testify, as well as to
produce any document or tangible thing for inspection, copying, and
any related activity.
(d) A deposition taken under this section shall be conducted in
either of the following ways:
(1) Under the supervision of a person who is authorized to
administer oaths by the laws of the United States or those of the
place where the examination is to be held, and who is not otherwise
disqualified under Section 2025.320 and subdivisions (b) to (f),
inclusive, of Section 2025.340.
(2) Before a person appointed by the court.
(e) An appointment under subdivision (d) is effective to authorize
that person to administer oaths and to take testimony.
(f) On request, the clerk of the court shall issue a commission
authorizing the deposition in another state or place. The commission
shall request that process issue in the place where the examination
is to be held, requiring attendance and enforcing the obligations of
the deponents to produce documents and answer questions. The
commission shall be issued by the clerk to any party in any action
pending in its venue without a noticed motion or court order. The
commission may contain terms that are required by the foreign
jurisdiction to initiate the process. If a court order is required by
the foreign jurisdiction, an order for a commission may be obtained
by ex parte application.

2027.010. (a) Any party may obtain discovery by taking an oral
deposition, as described in Section 2025.010, in a foreign nation.
Except as modified in this section, the procedures for taking oral
depositions in California set forth in Chapter 9 (commencing with
Section 2025.010) apply to an oral deposition taken in a foreign
nation.
(b) If a deponent is a party to the action or an officer,
director, managing agent, or employee of a party, the service of the
deposition notice is effective to compel the deponent to attend and
to testify, as well as to produce any document or tangible thing for
inspection and copying.
(c) If a deponent is not a party to the action or an officer,
director, managing agent or employee of a party, a party serving a
deposition notice under this section shall use any process and
procedures required and available under the laws of the foreign
nation where the deposition is to be taken to compel the deponent to
attend and to testify, as well as to produce any document or tangible
thing for inspection, copying, and any related activity.
(d) A deposition taken under this section shall be conducted under
the supervision of any of the following:
(1) A person who is authorized to administer oaths or their
equivalent by the laws of the United States or of the foreign nation,
and who is not otherwise disqualified under Section 2025.320 and
subdivisions (b) to (f), inclusive, of Section 2025.340.
(2) A person or officer appointed by commission or under letters
rogatory.
(3) Any person agreed to by all the parties.
(e) On motion of the party seeking to take an oral deposition in a
foreign nation, the court in which the action is pending shall issue
a commission, letters rogatory, or a letter of request, if it
determines that one is necessary or convenient. The commission,
letters rogatory, or letter of request may include any terms and
directions that are just and appropriate. The deposition officer may
be designated by name or by descriptive title in the deposition
notice and in the commission. Letters rogatory or a letter of request
may be addressed: "To the Appropriate Judicial Authority in