Cal. Rules of Court, rule 3.1010 · Chapter 2. Conduct of Discovery
Oral depositions by telephone, videoconference, or other remote electronic means
Text — As posted by the Judicial Council of California (read October 22, 2026)
(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 or attorney of record may be physically present at the deposition at the location of the deponent with written notice of such appearance served by personal delivery, email, or fax, at least five court days before the deposition, and subject to Code of Civil Procedure section 2025.420. An attorney for the deponent may be physically present with the deponent without notice.
(b) Appearing and participating in depositions
Any party, other than the deponent, or attorney of record 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 five court days before the deposition;
(2) The party so appearing makes all arrangements and pays all expenses incurred for the appearance.
(c) Deponent's appearance
A deponent must appear as required by statute or as agreed to by the parties and deponent.
(d) Court orders
On motion by any person, the court in a specific action may make such other orders as it deems appropriate.
Notes and commentary — not rule text
History
(Subd (a) amended effective January 1, 2022.)
(Subd (b) amended effective January 1, 2022; previously amended effective January 1, 2007, and January 1, 2016.)
(Subd (c) amended effective January 1, 2022.)
(Subd (d) relettered effective January 1, 2022; adopted as Subd (e) effective 2003; previously amended effective January 1, 2007.)
Rule 3.1010 amended effective January 1, 2022; adopted as rule 333 effective January 1, 2003; previously amended and renumbered as rule 3.1010 effective January 1, 2007; previously amended effective January 1, 2016.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/three/rule3_1010
- Text hash
- sha256 7687b18676451d59f4328a943c83001dfa57eb0764d5846e92ead145ed07189d
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
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Code of Civil Procedure
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California Rules of Court
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