How Can Someone Be Deposed Twice in the Same Case?

ThinkstockPhotos-501707257Generally, you can’t compel someone to attend a deposition if he or she has been previously deposed in the same case. But there are 5 exceptions to this rule.

A person whose deposition has been completed can’t be compelled to attend a subsequent deposition in the same case unless one of the exceptions in CCP §2025.610 applies:

  1. A different party who had no notice of the first depo wants to take the deposition. The party noticing the second deposition is neither (1) the party that took the first deposition nor (2) a party that was served with notice of the first deposition (because all parties who have appeared in the action must be served with notice of a deposition, this means that only parties that appear thereafter may take a subsequent deposition of a party whose deposition has been completed, unless another exception applies).
  2. Everyone’s ok with it. The parties, with the consent of any nonparty witness, agree to the second deposition.
  3. First time was for a corporation. The witness was first deposed as a designee of a corporation under CCP §2025.230 rather than as an individual.
  4. Depos relate to right to attachment order under CCP §485.230. The witness was examined pursuant to a court order under CCP §485.230 and the subsequent deposition is being taken for the limited purpose of discovering information about property in which the deponent has an interest under CCP §485.230.
  5. Court says so. The court issues an order for good cause authorizing the second deposition.

Note that these exceptions all apply to subsequent depositions of an individual whose first deposition has been completed. There’s no problem with multiple sessions of the same deposition, even if substantial time elapses between sessions. But see Fed R Civ P 30(d)(1) (absent stipulation or court order, deposition limited to 1 day with 7 hours of testimony).

For everything you need to know about deposition procedures, turn to CEB’s California Civil Discovery Practice, chap 5. Also check out CEB’s program Preparing for, Taking and Defending Depositions, available On Demand.

Other CEBblog™ posts you may find useful: 

© The Regents of the University of California, 2015. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

3 Responses

  1. other reasons to take a second deposition of a party would include:
    – pleadings are amended to include a new cause of action;
    – the witness is a party who amends his/her discovery responses;

  2. I can’t tell you how many family law attorneys don’t understand these deposition rules, especially the limit of 7 hours.

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