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I am trying to find out if Superior Courts in Los Angeles allow written depositions of non-party witnesses.

Los Angeles, CA |
Filed under: Lawsuits and disputes

I am being sued in Los Angels by plaintiff (pro per) who lives in northern California. I need to depose some non-party witnesses who work(ed) with plaintiff but they all work/reside in northern California. I cannot afford time-wise, nor cost-wise, to travel to northern California to depose these witnesses. I came across written depositions, but I cannot seem to find very much information on how to go about doing a written deposition. Where can I find the codes and statutes regarding using written depositions in a Los Angeles Superior Court case?

Attorney Answers 2


  1. Best answer

    Yes. See CA Code of Civil Procedure sections 2028.010 through 2028.080.

    http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=02001-03000&file=2028.010-2028.080

    Just keep in mind that written depositions are rarely used because they are not very effective.

    Moreover, if your case is a limited jurisdiction case (as opposed to an unlimited jurisdiction case), you are restricted to taking only ONE oral or written deposition, per Code of Civil Procedure section 94, subdivision (b).

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.


  2. Your best resource for this info is "Civil Procedure Before Trial" published by Rutter as a California Practice Guide. The law library will have it. It is useful and understandable.

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