SECTIONS 2028.010-2028.080 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 2028.010-2028.080

2028.010. 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.

2028.020. 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) The name or descriptive title, as well as the address, of the
deposition officer shall be stated.
(b) The date, time, and place for commencement of the deposition
may be left to future determination by the deposition officer.

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

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) 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) 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.

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) 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) 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.

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) No party or attorney shall permit the deponent to preview the
form or the substance of any cross, redirect, or recross questions.

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

2028.080. 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.