Understanding Depositions in California: A Key Step in Civil Litigation
- Yakup Sari, Esq.
- 6 days ago
- 5 min read
“A deposition in California is a formal sworn testimony taken before trial under the Civil Discovery Act (CCP §§ 2025.010–2025.620).”
When people think of a lawsuit, they often imagine a dramatic courtroom scene—lawyers questioning witnesses, judges ruling on objections, and juries listening carefully.But in California, as in most states, many of the most important steps in a lawsuit happen long before anyone sets foot in a courtroom. One of those steps is the deposition—a crucial discovery procedure that can make or break a case.
What Is a Deposition Under California Law?
A deposition is a formal proceeding where a witness gives sworn testimony outside of court.Under California Code of Civil Procedure §§ 2025.010–2025.620, a deposition is taken before a certified court reporter, who records every word. The witness (called the deponent) is placed under oath to tell the truth, and their answers become part of the official record of the case.
Although a deposition occurs outside the courtroom, it carries the same legal weight as trial testimony. Anything said can later be used in motions, hearings, or trial—especially if a witness changes their story or contradicts themselves.
Purpose and Importance of Depositions
Depositions are one of the most powerful tools available during discovery, the pre-trial phase where each side gathers evidence.In California civil litigation, depositions serve several purposes:
Fact-Finding: Attorneys obtain firsthand information from parties and witnesses.
Preserving Testimony: Depositions lock in what a witness says, allowing later comparison if the story changes.
Evaluating Credibility: Lawyers can observe how a witness communicates—tone, confidence, and demeanor all matter.
Supporting or Defending Motions: Deposition testimony can be used in summary judgment motions or other pre-trial filings.
Encouraging Settlement: Once both sides hear how witnesses perform under oath, they often reassess the strength of their positions, which can lead to earlier resolution.
Who Can Be Deposed in California?
California law allows for broad use of depositions. According to CCP § 2025.010, any party to the case may take the deposition of:
Another party to the lawsuit;
Any person who has relevant knowledge (including third-party witnesses);
Corporate representatives (via a “person most knowledgeable” notice); or
Expert witnesses expected to testify at trial.
There are limits and procedural safeguards to ensure fairness:
Generally, each deposition may last no more than seven hours per witness (CCP § 2025.290(a)), unless the court allows more time.
The deposition must be scheduled with at least 10 days’ notice for California residents and 20 days’ notice if the deponent lives outside California (CCP § 2025.270).
Non-party witnesses must be served with a subpoena to compel their attendance (CCP § 2020.010 et seq.).
How to Prepare for a Deposition
Preparation is the key to success. In California practice, attorneys often conduct “deposition prep sessions” to ensure their clients understand what to expect.
Here are essential preparation tips:
Review Key Documents: Refresh your memory about relevant events, contracts, and prior statements.
Understand the Scope: Depositions can cover any matter relevant to the subject matter of the action (CCP § 2017.010), so expect a wide range of questions.
Listen Carefully and Answer Honestly: Avoid guessing or volunteering extra information.
Stay Professional and Calm: Your demeanor under questioning is as important as your words.
Rely on Counsel: Your attorney may object to improper or harassing questions under CCP § 2025.460, but you must generally still answer unless instructed otherwise.
What Happens During a California Deposition
A typical California deposition follows this sequence:
The court reporter places the witness under oath.
The questioning attorney begins with background questions before moving into specific topics.
Opposing counsel may object “as to form” or “for the record,” but most objections are reserved for trial.
Breaks can be taken, but coaching or discussing pending questions during breaks is prohibited.
The entire session is recorded stenographically (and sometimes by video).
Afterward, the deponent may review and sign the transcript under CCP § 2025.520, correcting any minor errors.
How Deposition Testimony Is Used
Deposition testimony is admissible in several ways under California law:
To impeach a witness who changes their story at trial (Evid. Code § 780(h));
To support summary judgment motions or other pre-trial filings;
To preserve testimony when a witness cannot attend trial; and
To identify new leads, documents, or inconsistencies in the opposing party’s evidence.
A strong deposition can strengthen your case and help position you for a favorable settlement. A poor deposition can damage credibility and create evidence that the other side will use at trial.
Practical Example
Suppose a plaintiff sues for breach of contract, claiming a construction company failed to complete work on time. During the deposition, the contractor admits under oath that weather delays were minimal and that the crew was reassigned to another project. That single answer—captured in a transcript—can later become decisive evidence proving the plaintiff’s claim for damages.
Key Takeaway
In California civil litigation, depositions are often where cases are truly won or lost. They are not mere formalities—they shape the facts, strategies, and credibility that drive every stage of the lawsuit.
Whether you are a party, a business representative, or a witness, thorough preparation and a clear understanding of the deposition process are vital. Work closely with your attorney, follow the rules of the California Code of Civil Procedure, and treat every question as though it were being asked before a judge.
About Sari Law Firm
At Sari Law Firm, we help clients navigate every stage of California litigation—from discovery and depositions to trial and settlement. If you have been scheduled for a deposition or need to prepare your case, our experienced legal team can guide you through the process with confidence and precision.
📞 Contact us at (949) 426-5071 or visit our contact page to schedule a consultation.
FAQ
1. What is a deposition in California?
A deposition is sworn testimony given outside of court under CCP §§ 2025.010–2025.620. It’s part of discovery, where witnesses answer questions under oath recorded by a court reporter.
2. Who can be deposed in California?
Any party, witness, or expert with relevant information may be deposed. Non-parties require a subpoena to compel attendance.
3. How long does a deposition last in California?
Typically, up to seven hours per witness under CCP §2025.290(a), unless extended by court order or agreement.
4. Can I refuse to answer a question during deposition?
You may only refuse based on privilege (e.g., attorney-client). Improper questions can be objected to, but most must still be answered for the record.
5. How should I prepare for a deposition?
Review documents, stay calm, listen carefully, and answer truthfully. Avoid speculation and don’t volunteer extra information.
6. What happens after a deposition?
You can review and correct your transcript (CCP §2025.520). Your testimony may later be used for impeachment, motions, or trial evidence.
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