§ 98.Use of prepared testimony in lieu of direct testimony; Conditions

Title 1. Organization and Jurisdiction · Chapter 5.1. Limited Civil Cases · Article 2. Economic Litigation for Limited Civil Cases · Last amended 2024 · Last verified July 28, 2026

In one sentenceSection 98 lets a party substitute a witness’s written affidavit or declaration for live testimony at trial if it’s served on the opposing party at least 30 days ahead with a current, reachable address, or if it consists of deposition testimony the opposing party had a chance to join.

Full Text of § 98

Text sizeJump to: (a) (b)

A party may, in lieu of presenting direct testimony, offer the prepared testimony of relevant witnesses in the form of affidavits or declarations under penalty of perjury. The prepared testimony may include, but need not be limited to, the opinions of expert witnesses, and testimony which authenticates documentary evidence. To the extent the contents of the prepared testimony would have been admissible were the witness to testify orally thereto, the prepared testimony shall be received as evidence in the case, provided that either of the following applies:

(a) A copy has been served on the party against whom it is offered at least 30 days prior to the trial, together with a current address of the affiant that is within 150 miles of the place of trial, and the affiant is available for service of process at that place for a reasonable period of time, during the 20 days immediately prior to trial.

(b) The statement is in the form of all or part of a deposition in the case, and the party against whom it is offered had an opportunity to participate in the deposition. The court shall determine whether the affidavit or declaration shall be read into the record in lieu of oral testimony or admitted as a documentary exhibit.

End

Plain-English Summary

Live testimony from every witness can be expensive and slow to arrange, especially in a case capped at $35,000. Section 98 offers a shortcut: a witness’s prepared statement can stand in for their direct testimony at trial.

Two paths qualify. Under the first, the party offering the statement must serve a copy on the opposing side at least 30 days before trial, along with the affiant’s current address — one within 150 miles of the trial location — and the affiant must be available for service of process there during the 20 days right before trial. Under the second, the prepared statement can be all or part of a deposition transcript, so long as the opposing party had the chance to take part in that deposition.

Even when a statement qualifies, the trial court still decides how it comes in — read aloud into the record in place of live testimony, or admitted as a documentary exhibit.

Frequently Asked Questions

Can a witness’s declaration replace live testimony in a limited civil case?

Yes, if it meets § 98’s conditions — served at least 30 days before trial with a current, reachable address for the affiant, or offered as deposition testimony the opposing party had a chance to participate in.

How close does the affiant need to live to the courthouse under § 98?

Within 150 miles of the place of trial, and available there for service of process during the 20 days immediately before trial.

Does the court have to read a qualifying declaration into the record?

No. Section 98 leaves that choice to the court, which may have it read into the record or admitted as a documentary exhibit instead.

Amendment History

Added Stats 1982 ch 1581 § 1. Amended Stats 1983 ch 102 § 4, effective June 16, 1983; Stats 2023 ch 131 § 17 (AB 1754), effective January 1, 2024.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: written testimony instead of live witness californiaaffidavit in lieu of testimony limited civil caseprepared testimony small case california