The views expressed in this blog are those of the owner and do not reflect the views or opinions of the owner’s employer. All content provided on this blog is for informational purposes only. The owner of this blog makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information. This policy is subject to change at any time. The owner is not an attorney, and nothing posted on this site should be construed as legal advice. Litigation Support Tip of the Night does not provide confirmation that any e-discovery technique or conduct is compliant with legal, regulatory, contractual or ethical requirements.
New tips for paralegals and litigation support profesionals are posted to this site each week. Click on the blog headings for better detail.
Avenir Light is a clean and stylish font favored by designers. It's easy on the eyes and a great go to font for titles, paragraphs & more.
Nov 14, 2020
Administering Deposition Oaths Remotely
When conducting remote depositions, one issue to consider is whether or not the laws of the jurisdiction the case was filed in permit the reporter to take an oath remotely, and if the reporter can administer that oath to someone who is out-of-state. This is an issue which is easy to overlook, since usually the reporter assigned to a deposition will reside in the same state in which the deposition takes place.
The Governor of California issued an executive order suspending Cal. Civ. Proc. Code § 2025.310 which had prevented reporters from deposing a party witness remotely. Cal. Exec. Order No. N-38-20 (Mar. 27, 2020). The civil procedure code was amended and now states that, "[a]t 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 of the deposition." Cal. Civ. Proc. Code § 2025.310(a) (amended 2020).