0 chapters · 1,833 sections in this title.
Code Civ. Proc. § 2025.310 Section 2025.310
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(a) At the election of the deponent or the deposing party, the deposition officer may attend the deposition at a different location than the deponent via remote means. A deponent is not required to be physically present with the deposition officer when being sworn in at the time …
Code Civ. Proc. § 2025.320 Section 2025.320
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Except as provided in Section 2020.420, the 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 n…
Code Civ. Proc. § 2025.330 Section 2025.330
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(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 …
Code Civ. Proc. § 2025.340 Section 2025.340
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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 quie…
Code Civ. Proc. § 2025.410 Section 2025.410
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(a) Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless that party promptly serves a written objection specifying that error or irregularity at least three calendar days prior to …
Code Civ. Proc. § 2025.420 Section 2025.420
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(a) Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) The court, for good caus…
Code Civ. Proc. § 2025.430 Section 2025.430
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If the party giving notice of a deposition fails to attend or proceed with it, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against that party, or the attorney for that party, or both, and in favor of any party attending in person …
Code Civ. Proc. § 2025.440 Section 2025.440
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(a) If a deponent does not appear for a deposition because the party giving notice of the deposition failed to serve a required deposition subpoena, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against that party, or the attorney f…
Code Civ. Proc. § 2025.450 Section 2025.450
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(a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, f…
Code Civ. Proc. § 2025.460 Section 2025.460
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(a) The protection of information from discovery on the ground that it is privileged or that it is a protected work product under Chapter 4 (commencing with Section 2018.010) is waived unless a specific objection to its disclosure is timely made during the deposition. (b) Errors …
Code Civ. Proc. § 2025.470 Section 2025.470
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The deposition officer may not suspend the taking of testimony without the stipulation of all parties present unless any party attending the deposition, including the deponent, demands that the deposition officer suspend taking the testimony to enable that party or deponent to mo…
Code Civ. Proc. § 2025.480 Section 2025.480
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(a) If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent’s control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an …
Code Civ. Proc. § 2025.510 Section 2025.510
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(a) Unless the parties agree otherwise, the testimony at a deposition recorded by stenographic means shall be transcribed. (b) The party noticing the deposition shall bear the cost of the transcription, unless the court, on motion and for good cause shown, orders that the cost be…
Code Civ. Proc. § 2025.520 Section 2025.520
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(a) If the deposition testimony is stenographically recorded, the deposition officer shall send written notice to the deponent and to all parties attending the deposition when the original transcript of the testimony for each session of the deposition is available for reading, co…
Code Civ. Proc. § 2025.530 Section 2025.530
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(a) If there is no stenographic transcription of the deposition, the deposition officer shall send written notice to the deponent and to all parties attending the deposition that the audio or video recording made by, or at the direction of, any party, is available for review, unl…
Code Civ. Proc. § 2025.540 Section 2025.540
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(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…
Code Civ. Proc. § 2025.550 Section 2025.550
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(a) The certified transcript of a deposition shall not be filed with the court. Instead, the deposition officer shall securely seal that transcript in an envelope or package endorsed with the title of the action and marked: “Deposition of (here insert name of deponent),” and shal…
Code Civ. Proc. § 2025.560 Section 2025.560
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(a) An audio or video recording of deposition testimony made by, or at the direction of, any party, including a certified recording made by an operator qualified under subdivisions (b) to (f), inclusive, of Section 2025.340, shall not be filed with the court. Instead, the operato…
Code Civ. Proc. § 2025.570 Section 2025.570
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(a) Notwithstanding subdivision (b) of Section 2025.320, unless the court issues an order to the contrary, a copy of the transcript of the deposition testimony made by, or at the direction of, any party, or an audio or video recording of the deposition testimony, if still in the …
Code Civ. Proc. § 2025.610 Section 2025.610
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(a) Once any party has taken the deposition of any natural person, including that of a party to the action, neither the party who gave, nor any other party who has been served with a deposition notice pursuant to Section 2025.240 may take a subsequent deposition of that deponent.…
Code Civ. Proc. § 2025.620 Section 2025.620
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At the trial or any other hearing in the action, any part or all of a deposition may be used against any party who was present or represented at the taking of the deposition, or who had due notice of the deposition and did not serve a valid objection under Section 2025.410, so fa…
Code Civ. Proc. § 489.010 Section 489.010
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The Bond and Undertaking Law (Chapter 2 (commencing with Section 995. 010) of Title 14) applies to a bond given pursuant to this title, except to the extent this title prescribes a different rule or is inconsistent.
Code Civ. Proc. § 489.060 Section 489.060
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(a) Except as provided in subdivision (b), all undertakings given pursuant to this title shall be presented to a proper court for approval and upon approval shall be filed with the court in which the action is pending. (b) If the surety on the undertaking is an admitted surety in…
Code Civ. Proc. § 489.130 Section 489.130
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Where the court orders the amount of the undertaking increased pursuant to Section 489.220 or 489.410, the plaintiff’s failure to increase the amount of the undertaking is not a wrongful attachment within the meaning of Section 490.010.
Code Civ. Proc. § 489.210 Section 489.210
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Before issuance of a writ of attachment, a temporary protective order, or an order under subdivision (b) of Section 491.415, the plaintiff shall file an undertaking to pay the defendant any amount the defendant may recover for any wrongful attachment by the plaintiff in the actio…
Code Civ. Proc. § 489.220 Section 489.220
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(a) Except as provided in subdivision (b), the amount of an undertaking filed pursuant to this article shall be ten thousand dollars ($10,000). (b) If, upon objection to the undertaking, the court determines that the probable recovery for wrongful attachment exceeds the amount of…
Code Civ. Proc. § 489.230 Section 489.230
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(a) The notice of attachment shall include a statement, in a form adopted by the Judicial Council, advising the defendant that the undertaking has been filed and informing the defendant of the right to object to the undertaking. (b) The form for the temporary protective order sha…
Code Civ. Proc. § 489.310 Section 489.310
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(a) Whenever a writ is issued, a defendant who has appeared in the action may apply by noticed motion to the court in which the action is pending for an order permitting the defendant to substitute an undertaking for any of his property in the state which has been or is subject t…
Code Civ. Proc. § 489.320 Section 489.320
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(a) A defendant who has been served with a temporary protective order and who has appeared in the action may apply by noticed motion to the court in which the action is pending for an order terminating the temporary protective order with respect to that defendant. (b) The defenda…
Code Civ. Proc. § 489.410 Section 489.410
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(a) At any time after entry of judgment in favor of the defendant and before perfection of an appeal under Section 921, upon motion of the defendant, the trial court may order an increase in the amount of the original undertaking on attachment in such amount, if any, as is justif…
Code Civ. Proc. § 489.420 Section 489.420
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If a defendant appeals and the enforcement of the judgment against the defendant is stayed by the filing of a sufficient undertaking on appeal as provided by this code, all property of the defendant which has been attached in the action shall be released from the attachment upon …