Legal Question in Civil Litigation in California

2034.420. The deposition of any expert described in subdivision (b)

of Section 2034.210 shall be taken at a place that is within 75

miles of the courthouse where the action is pending. On motion for a

protective order by the party designating an expert witness, and on a

showing of exceptional hardship, the court may order that the

deposition be taken at a more distant place from the courthouse.

Question: The party's lawyer's office taking the deposition complies with the 75 mile requirement. The deponent expert witness, however, in the telephone deposition is thousands of miles away. Which is considered to be the place of deposition?

The case is in California. The expert witness is in Pittsburgh Pennsylvania.


Asked on 8/23/16, 9:15 pm

1 Answer from Attorneys

The place of deposition is where the deponent is physically located while being deposed. California rule of court 3.1010(d) requires a court order before a deponent may appear by telephone, video conference, etc. Without a stipulated order or order granted after noticed motion, the lawyer taking the deposition must arrange to bring the deponent within the distance limits of the code.

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Answered on 8/24/16, 3:38 pm


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