Frequently Asked Questions Regarding

Remote Video Depositions

Under the California Rules of Court and the Code of Civil Procedure (“California Rules”)

Do California rules allow for remote video depositions?

Yes. Rule 3.1010 expressly allows oral depositions by video conference or other remote electronic means, subject to certain advance notice and other requirements (Selections from the rules are reprinted at the end of these Frequently Asked Questions.) However, the California rules distinguish between party deponents and nonparty deponents.

What are the requirements regarding a party deponent?

Per Rule 3.1010(c), a party deponent must appear in the presence of the deposition officer.

What are the requirements regarding a nonparty deponent?

Under Rule 3.1010(d), a nonparty deponent may appear by video conference with court approval, upon a finding of good cause, and no prejudice to any party.

What are the requirements regarding a nonparty deponent?

A nonparty deponent must be sworn in the presence of the deposition officer or by any other means stipulated by the parties or ordered by the court.

A nonparty deponent must be sworn in the presence of the deposition officer or by any other means stipulated by the parties or ordered by the court.

Under CCP 2025.330(b), a video conference deposition must normally be recorded steno-graphically by a California certified shorthand reporter. (The California Rules do not specify whether the shorthand reporter must be co-located with the deponent.) However, this provision also allows the parties to agree to forego a shorthand reporter. In addition, the court can order that the shorthand reporter not be required.

May the parties stipulate as to the presiding officer of a deposition?

For a deposition outside of the United States, a deposition may be conducted under the supervision of any person agreed to by all of the parties. (See, CCP 2027.010 (d) (3). For other depositions, counsel should consider using the broad powers of stipulation granted under CCP 2016.030

May a deposition also be recorded by video means without stipulation or court order?

Yes. See CCP 2025.330(c)

Does California impose special requirements on the person operating a video recording device?

Yes. See CCP 2025.340 for detailed requirements. Counsel should note that CCP 2025.340(c) allows the parties to agree on the record to waive certain restrictions, such as the prohibition of the video recording operator being an employee of a party’s attorney.

Must a written transcript of a remote video deposition be generated in all cases?

Assuming that the parties have agreed that no simultaneous stenographic record be created, there is no blanket requirement for a transcription of a remote video deposition. However, if a party wishes to submit the video recording at trial, that party must generate a stenographic transcript prepared from the recording. (See, CCP 2025.340 (m)). Such a stenographic transcript must be prepared by a person certified under Ca. Bus. & Prof. Code §§ 8000 – 8047.

Are there certification requirements for the video recording of a deposition?

Under CCP 2025.540 (a) the deposition officer must certify that the deponent was duly sworn and that the recording is a true record of the testimony given.

Selections from California Rules of Court

Rule 3.1010. Oral depositions by telephone, videoconference, or other remote electronic means

(a) Taking depositions
Any party may take an oral deposition by telephone, videoconference, or other remote electronic means, provided:
(1)Notice is served with the notice of deposition or the subpoena;
(2) That party makes all arrangements for any other party to participate in the deposition in an equivalent manner.
However, each party so appearing must pay all expenses incurred by it or properly allocated to it;
(3) Any party may be personally present at the deposition without giving prior notice.
(b) Appearing and participating in depositions
Any party may appear and participate in an oral deposition by telephone, videoconference, or other remote electronic means, provided:
(1) Written notice of such appearance is served by personal delivery, e-mail, or fax at least three court days before the deposition;
(2) The party so appearing makes all arrangements and pays all expenses incurred for the appearance.
(c) Party deponent’s appearance
A party deponent must appear at his or her deposition in person and be in the presence of the deposition officer.
(d) Nonparty deponent’s appearance
A nonparty deponent may appear at his or her deposition by telephone, video-conference, or other remote electronic means with court approval upon a finding of good cause and no prejudice to any party. The deponent must be sworn in the presence of the deposition officer or by any other means stipulated to by the parties or ordered by the court. Any party may be personally present at the deposition.
(e) Court orders
On motion by any person, the court in a specific action may make such other orders as it deems appropriate.

Selections from California Rules of Court

2016.030 Unless the court orders otherwise, the parties may by written stipulation modify the procedures provided by this title for any method of discovery permitted under Section 2019.010.

[2025.010- 2025.620 concern depositions within California;]

2025.310. (a) A person may take, and any person other than the deponent may attend, a deposition by telephone or other remote electronic means.
(b) The court may expressly provide that a nonparty deponent may appear at the deposition by telephone if it finds there is good cause and no prejudice to any party. A party deponent shall appear at the deposition in person and be in the presence of the deposition officer.
(c) The procedures to implement this section shall be established by court order in the specific action or proceeding or by the California Rules of Court.

2025.320. ….[t]he deposition shall be conducted under the supervision of an officer who is authorized to administer an oath and is subject to all of the following requirements:
(a) The officer shall not be financially interested in the action and shall not be a relative or employee of any attorney of the parties, or of any of the parties.
(b) Services and products offered or provided by the deposition officer or the entity providing the services of the deposition officer to any party or to any party’s attorney or third party who is financing all or part of the action shall be offered to all parties or their attorneys attending the deposition. No service or product may be offered or provided by the deposition officer or by the entity providing the services of the deposition officer to any party or any party’s attorney or third party who is financing all or part of the action unless the service or product is offered or provided to all parties or their attorneys attending the deposition. All services and products offered or provided shall be made available at the same time to all parties or their attorneys.
(c) The deposition officer or the entity providing the services of the deposition officer shall not provide to any party or any party’s attorney or third party who is financing all or part of the action any service or product consisting of the deposition officer’s notations or comments regarding the demeanor of any witness, attorney, or party present at the deposition. The deposition officer or entity providing the services of the deposition officer shall not collect any personal identifying information about the witness as a service or product to be provided to any party or third party who is financing all or part of the action.
(d) Upon the request of any party or any party’s attorney attending a deposition, any party or any party’s attorney attending the deposition shall enter in the record of the deposition all services and products made available to that party or party’s attorney or third party who is financing all or part of the action by the deposition officer or by the entity providing the services of the deposition officer. A party in the action who is not represented by an attorney shall be informed by the noticing party or the party’s attorney that the unrepresented party may request this statement.
(e) Any objection to the qualifications of the deposition officer is waived unless made before the deposition begins or as soon thereafter as the ground for that objection becomes known or could be discovered by reasonable diligence.
(f) Violation of this section by any person may result in a civil penalty of up to five thousand dollars ($5,000) imposed by a court of competent jurisdiction.

2025.330. (a) The deposition officer shall put the deponent under oath or affirmation.
(b) Unless the parties agree or the court orders otherwise, the testimony, as well as any stated objections, shall be taken stenographically. If taken stenographically, it shall be by a person certified pursuant to Article 3 (commencing with Section 8020) of Chapter 13 of Division 3 of the Business and Professions Code. )
(c) The party noticing the deposition may also record the testimony by audio or video technology if the notice of deposition stated an intention also to record the testimony by either of those methods, or if all the parties agree that the testimony may also be recorded by either of those methods. Any other party, at that party’s expense, may make an audio or video record of the deposition, provided that the other party promptly, and in no event less than three calendar days before the date for which the deposition is scheduled, serves a written notice of this intention to make an audio or video record of the deposition testimony on the party or attorney who noticed the deposition, on all other parties or attorneys on whom the deposition notice was served under Section 2025.240, and on any deponent whose attendance is being compelled by a deposition subpoena under Chapter 6 (commencing with Section 2020.010). If this notice is given three calendar days before the deposition date, it shall be made by personal service under Section 1011.
(d) Examination and cross-examination of the deponent shall proceed as permitted at trial under the provisions of the Evidence Code.

2025.340. If a deposition is being recorded by means of audio or video technology by, or at the direction of, any party, the following procedure shall be observed:
(a) The area used for recording the deponent’s oral testimony shall be suitably large, adequately lighted, and reasonably quiet.
(b) The operator of the recording equipment shall be competent to set up, operate, and monitor the equipment in the manner prescribed in this section. Except as provided in subdivision (c), the operator may be an employee of the attorney taking the deposition unless the operator is also the deposition officer.
(c) If a video recording of deposition testimony is to be used under subdivision (d) of Section 2025.620, [use of deposition at trial] the operator of the recording equipment shall be a person who is authorized to administer an oath, and shall not be financially interested in the action or be a relative or employee of any attorney of any of the parties, unless all parties attending the deposition agree on the record to waive these qualifications and restrictions.
(d) Services and products offered or provided by the deposition officer or the entity providing the services of the deposition officer to any party or to any party’s attorney or third party who is financing all or part of the action shall be offered or provided to all parties or their attorneys attending the deposition. No service or product may be offered or provided by the deposition officer or by the entity providing the services of the deposition officer to any party or any party’s attorney or third party who is financing all or part of the action unless the service or product is offered or provided to all parties or their attorneys attending the deposition. All services and products offered or provided shall be made available at the same time to all parties or their attorneys.
(e) The deposition officer or the entity providing the services of the deposition officer shall not provide to any party or any other person or entity any service or product consisting of the deposition officer’s notations or comments regarding the demeanor of any witness, attorney, or party present at the deposition. The deposition officer or the entity providing the services of the deposition officer shall not collect any personal identifying information about the witness as a service or product to be provided to any party or third party who is financing all or part of the action.
(f) Upon the request of any party or any party’s attorney attending a deposition, any party or any party’s attorney attending the deposition shall enter in the record of the deposition all services and products made available to that party or party’s attorney or third party who is financing all or part of the action by the deposition officer or by the entity providing the services of the deposition officer. A party in the action who is not represented by an attorney shall be informed by the noticing party that the unrepresented party may request this statement.
(g) The operator shall not distort the appearance or the demeanor of participants in the deposition by the use of camera or sound recording techniques.
(h) The deposition shall begin with an oral or written statement on camera or on the audio recording that includes the operator’s name and business address, the name and business address of the operator’ s employer, the date, time, and place of the deposition, the caption of the case, the name of the deponent, a specification of the party on whose behalf the deposition is being taken, and any stipulations by the parties.
(i) Counsel for the parties shall identify themselves on camera or on the audio recording.
(j) The oath shall be administered to the deponent on camera or on the audio recording.
(k) If the length of a deposition requires the use of more than one unit of tape or electronic storage, the end of each unit and the beginning of each succeeding unit shall be announced on camera or on the audio recording. (l) At the conclusion of a deposition, a statement shall be made on camera or on the audio recording that the deposition is ended and shall set forth any stipulations made by counsel concerning the custody of the audio or video recording and the exhibits, or concerning other pertinent matters.
(m) A party intending to offer an audio or video recording of a deposition in evidence under Section 2025.620 shall notify the court and all parties in writing of that intent and of the parts of the deposition to be offered. That notice shall be given within sufficient time for objections to be made and ruled on by the judge to whom the case is assigned for trial or hearing, and for any editing of the recording. Objections to all or part of the deposition shall be made in writing. The court may permit further designations of testimony and objections as justice may require. With respect to those portions of an audio or video record of deposition testimony that are not designated by any party or that are ruled to be objectionable, the court may order that the party offering the recording of the deposition at the trial or hearing suppress those portions, or that an edited version of the deposition recording be prepared for use at the trial or hearing. The original audio or video record of the deposition shall be preserved unaltered. If no stenographic record of the deposition testimony has previously been made, the party offering an audio or video recording of that testimony under Section 2025.620 shall accompany that offer with a stenographic transcript prepared from that recording.

2025.540 (a) The deposition officer shall certify on the transcript of the deposition, or in a writing accompanying an audio or video record of deposition testimony, as described in Section 2025.530, that the deponent was duly sworn and that the transcript or recording is a true record of the testimony give

[CCP 2026.010 – 2026.010 concern depositions outside of California but within the United States)
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, electronically stored information, or tangible thing for inspection, copying, testing, or sampling. 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, electronically stored information, or tangible thing for inspection, copying, testing, sampling, 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 electronically stored information 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.

[CCP 2027 concerns depositions conducted outside of the United States)

CCP 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, electronically stored information, or tangible thing for inspection, copying, testing, or sampling.
(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, electronically stored information, or tangible thing for inspection, copying, testing, sampling, 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 [name of foreign nation].”