California depositions: seven hours, six exceptions, and a 60-day clock most people miss

California's deposition statute is long, and the parts that decide cases are the timing provisions. Three deadlines matter more than the rest: three calendar days to object to a notice, objections at the deposition itself to preserve privilege, and 60 days after the record is complete to compel an answer.

When you can take one

A defendant may serve a deposition notice without leave "at any time after that defendant has been served or has appeared in the action, whichever occurs first" — CCP 2025.210(a).

A plaintiff may serve one "on any date that is 20 days after the service of the summons on, or appearance by, any defendant" — CCP 2025.210(b). The court may allow an earlier date on motion, with or without notice, for good cause.

Twenty days for depositions, ten for requests for admission and interrogatories. Plaintiffs who calendar one number for all of it serve early.

Ten days' notice, in 12-point type

The date — CCP 2025.270:

• at least 10 days after service of the notice, ordinarily;
• at least 5 days in an unlawful detainer action, "but not later than five days before trial";
• at least 20 days after issuance of the subpoena where the deponent is commanded to produce a consumer's personal records or an employee's employment records under CCP 1985.3 or 1985.6.

The court may shorten or extend on motion or ex parte application for good cause, or stay the deposition pending a protective-order motion.

The contents — CCP 2025.220(a), which requires the notice to state eight things "in at least 12-point type":

1. the address where the deposition will be taken;
2. the date and start time;
3. the name of each deponent, with the address and phone number of any non-party deponent — or, if the name is unknown, "a general description sufficient to identify the person or particular class";
4. any materials to be produced, specified "with reasonable particularity," including ESI;
5. any intention to record by audio or video in addition to the stenographic record required by CCP 2025.330, and any intention to use instant visual display;
6. any intention to reserve the right to use a video recording at trial of a treating or consulting physician or expert under CCP 2025.620(d);
7. the form in which ESI is to be produced, if a particular form is wanted;
8. a statement disclosing any contract between the noticing party (or a third-party litigation funder) and the deposition officer for services beyond the noticed deposition, and whether the noticing party or funder directed the use of a particular officer.

Item 6 is a trap for the person who wants to play an expert's video at trial. The right has to be reserved in the notice, and CCP 2025.620(d) enforces that. Reserve it in every expert and physician notice; you cannot go back and add it.

Entity depositions — CCP 2025.230: where the deponent is not a natural person, the notice must "describe with reasonable particularity the matters on which examination is requested," and the entity must designate and produce those officers, directors, managing agents, employees or agents "most qualified to testify on its behalf as to those matters to the extent of any information known or reasonably available."

Who must be served — CCP 2025.240: every party who has appeared. Where the deponent is subpoenaed for a consumer's or employee's records, the subpoenaing party must serve the consumer or employee with the deposition notice, the notice of privacy rights, and a copy of the subpoena.

Where it can be held

CCP 2025.250 fixes the geography, at the option of the noticing party:

CCP 2025.260 allows a motion for a more distant place for a party deponent or a party's officer, director, managing agent or employee, with a meet and confer declaration. The court weighs seven listed factors — who chose the forum, whether the deponent will testify at trial, convenience, feasibility of written questions, the number of distant depositions sought, expense, and where the deponent will be at the time. The order can be conditioned on the moving party advancing travel expenses.

Seven hours — and the six cases where it doesn't apply

CCP 2025.290(a):

a deposition examination of the witness by all counsel, other than the witness' counsel of record, shall be limited to seven hours of total testimony. The court shall allow additional time … if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.

Two things to notice. The seven hours are shared by all examining counsel, not seven hours each. And the witness's own counsel does not consume the clock.

Subdivision (b) exempts six categories:

1. where the parties have stipulated the section will not apply, to a specific deposition or the whole proceeding;
2. any deposition of a witness designated as an expert under CCP 2034.210 to 2034.310;
3. any case designated complex under Rule 3.400 of the California Rules of Court — unless a physician attests to substantial medical doubt of survival beyond six months, in which case the limit becomes two days of no more than seven hours each, or 14 hours total;
4. any case brought by an employee or applicant for employment against an employer for acts or omissions arising out of or relating to the employment relationship;
5. any deposition of a person designated as the most qualified person under CCP 2025.230;
6. any party who appeared after the deposition concluded — that new party may notice another deposition, itself subject to the section.

Exceptions 4 and 5 remove most of the depositions that would otherwise run long. An employment case has no statutory limit at all, and a PMK deposition — the one most likely to need a full day — is exempt whatever the case type.

Subdivision (c) adds that the exclusions create no presumption about the right time limit for an exempt deposition, and do not affect the right to seek a protective order.

CCP 2025.295 adds a separate rule for mesothelioma and silicosis cases: the plaintiff's deposition is limited to seven hours where a physician attests to substantial medical doubt of survival beyond six months, extendable in the court's discretion to 10 hours where more than 10 defendants appear, or 14 hours where more than 20 do, and only on a finding that the extension is in the interest of fairness and does not endanger the deponent's health.

Remote depositions

CCP 2025.310(a): the deposition officer may attend from a different location than the deponent by remote means, and "a deponent is not required to be physically present with the deposition officer when being sworn in."

Subdivision (b): any party or attorney of record "may, but is not required to, be physically present" at the deponent's location.

The section does not waive any other requirement — time, place and manner rules still apply, as subdivision (d) says.

Objecting to a defective notice: three calendar days

CCP 2025.410(a):

Any party served with a deposition notice that does not comply with Article 2 … 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 the date for which the deposition is scheduled.

Calendar days, not court days. And if the objection goes out on the third day, subdivision (b) requires personal service under CCP 1011 on the noticing party.

The payoff for objecting: a deposition taken after a written objection "shall not be used against the objecting party under Section 2025.620 if the party did not attend the deposition and if the court determines that the objection was a valid one."

That is a calculated risk, not a safe harbour. Not attending on an objection the court later rejects leaves you exposed to CCP 2025.450 sanctions. A party may also move to quash and stay the deposition under subdivision (c) — and the taking is stayed pending that motion.

Objections during the deposition

CCP 2025.460 sorts objections into three groups, and getting the group wrong is expensive.

Waived unless made at the deposition:

• Privilege and work product. Subdivision (a): protection "is waived unless a specific objection to its disclosure is timely made during the deposition."
• Curable errors and irregularities — the manner of taking, the oath, the conduct of a party, attorney, deponent or officer, and the form of any question or answer. Subdivision (b). Unless you demand the deposition be suspended for a protective-order motion, it proceeds subject to the objection.

Not waived, and unnecessary at the deposition: objections to the competency of the deponent, or to the relevancy, materiality or admissibility at trial of testimony or materials. Subdivision (c).

So the standing advice is right: object to form and privilege on the record, and save relevance for trial.

Subdivision (e) confirms that where a deponent refuses to answer, the examining party may adjourn or move on to other matters without waiving the right to move to compel later.

Sixty days to compel an answer

CCP 2025.480(a) allows a motion to compel where a deponent "fails to answer any question or to produce any document, electronically stored information, or tangible thing."

(b) This motion shall be made no later than 60 days after the completion of the record of the deposition, and shall be accompanied by a meet and confer declaration under Section 2016.040.

Sixty days from completion of the record, not from the deposition date. Where a transcript goes out for review under CCP 2025.520, completion is later than the session — and that is the trigger.

Two more requirements:

• Notice to all parties and the deponent, either orally at the examination or in writing afterwards. Given orally, the deposition officer directs the deponent to attend court at the noticed time.
• Not less than five days before the hearing, lodge with the court "a certified copy of any parts of the stenographic transcript … that are relevant to the motion." Where the record is audio or video, a certified copy of a transcript of the relevant parts.

Sanctions are mandatory against whoever unsuccessfully makes or opposes the motion, absent substantial justification. Disobeying an order under this section "may be considered a contempt of court," and where the deponent is a party or a party's officer, director, managing agent or employee, the court may impose issue, evidence or terminating sanctions.

Nonappearance

The deponent fails to appear — CCP 2025.450. Where a party, a party's officer, director, managing agent or employee, or a CCP 2025.230 designee fails to appear or produce, without having served a valid objection under CCP 2025.410, the noticing party may move to compel attendance, testimony and production.

The motion needs specific facts showing good cause for any production sought, and either a meet and confer declaration or — where the deponent simply did not show — "a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance."

That substitute declaration is the practical point. You cannot meet and confer with someone who did not appear, so the statute asks for proof you tried to find out why.

If the motion is granted, a monetary sanction is mandatory in favour of the noticing party, and separately in favour of any other party who attended expecting testimony.

The noticing party fails to appear — CCP 2025.430. The court shall impose a monetary sanction against the party who noticed the deposition and failed to attend or proceed, in favour of any party who attended, absent substantial justification.

Protective orders

CCP 2025.420 lets any party, deponent or affected person move for a protective order "before, during, or after a deposition," with a meet and confer declaration. The statute lists 16 available directions, including that the deposition not be taken at all, that it be taken elsewhere within the permitted distance, that certain matters not be inquired into, that trade secrets be protected, that designated persons be excluded, and that examination be terminated.

If examination is terminated, "the deposition shall not thereafter be resumed, except on order of the court."

The ESI provisions in subdivisions (c) through (f) put the burden of showing a source is not reasonably accessible on the responding side, allow discovery anyway on good cause, and require the court to limit discovery where the information is available more cheaply elsewhere, is cumulative, has already been obtainable, or where burden outweighs benefit.

Transcript review: 30 days, form or substance

CCP 2025.520(a): where the testimony is stenographically recorded, the officer notifies the deponent and all attending parties when the transcript is available for reading, correcting and signing — unless reading and signing is waived on the record or deferred by agreement.

(b) For 30 days following each notice … the deponent may change the form or the substance of the answer to a question, and may either approve the transcript of the deposition by signing it, or refuse to approve the transcript by not signing it.

Form or substance. California lets a deponent change what the answer says, not merely fix a transcription error. The original answer stays in the record, and the change is fair ground for cross-examination — but the statute permits it.

Alternatively, within the same period, the deponent may make changes and approve or refuse by a signed letter to the deposition officer, sent by certified or registered mail with return receipt, copied to all attending parties by first-class mail.

If the deponent does nothing, subdivision (f): the deposition "shall be given the same effect as though it had been approved," subject to any timely changes. A party may still move to suppress under subdivision (g), with a meet and confer declaration.

The court may shorten the 30 days for good cause.

Transcripts and costs

CCP 2025.510: unless the parties agree otherwise, stenographic testimony is transcribed, and the noticing party bears the cost, absent a court order sharing it. Any other party or the deponent may buy a copy.

Subdivision (d) is a fairness provision: if the officer receives a request that would give one party the transcript before anyone else, the officer must notify all attending parties and, on request, make the copy available to all parties at the same time.

Stenographic notes are retained at least eight years where no transcript is produced, and at least one year after a transcript is produced. Where testimony is recorded both stenographically and by audio or video, "the stenographic transcript shall be the official record" for trial, hearing and appeal.

Using a deposition at trial

CCP 2025.620 allows use against any party who was present or represented, or who had due notice and did not serve a valid CCP 2025.410 objection.

• (a) any party, to contradict or impeach the deponent, or for any purpose permitted by the Evidence Code;
• (b) an adverse party, for any purpose, of a party or of a party's officer, director, managing agent, employee, agent or CCP 2025.230 designee — and it is no objection that the deponent is available and will testify;
• (c) any party, for any purpose, where the deponent resides more than 150 miles from the place of trial, or is privileged, disqualified, dead, ill, absent and beyond process, or absent despite reasonable diligence — or where exceptional circumstances make use desirable in the interests of justice;
• (d) a video recording of a treating or consulting physician or expert, even though available to testify, if the notice reserved the right and the party complied with CCP 2025.340(m);
• (e) partial introduction opens the door to other relevant parts.

Subdivision (b) is the one that shapes trial strategy: a party's own deposition comes in against them for any purpose, whether or not they testify.

How California compares

A short checklist

Noticing one

1. Count 20 days from service on a defendant if you are the plaintiff.
2. Give 10 days' notice, and set it in 12-point type.
3. Reserve the trial-video right in the notice for any physician or expert. It cannot be added later.
4. Check the distance limits before picking a location.
5. For an entity, describe the matters with reasonable particularity — that is what triggers the duty to produce the most qualified person.
6. Check whether the seven-hour cap even applies. Employment cases, PMK depositions and expert depositions are exempt.
7. Calendar 60 days from completion of the record for any motion to compel an answer, and lodge the certified transcript five days before the hearing.

Defending one

1. Read the notice against CCP 2025.220 the day it arrives. Objections are due three calendar days out, and on day three they need personal service.
2. Do not skip a deposition on an objection alone unless you are confident the objection is valid.
3. Object on the record to privilege and to form. Both are waived otherwise.
4. Leave relevance alone — CCP 2025.460(c) says it is unnecessary and unwaived.
5. Calendar 30 days from the officer's notice to review the transcript, and remember you may change substance, not just form.

Where these sections live

• CCP 2016.040 — Meet and confer declaration
• CCP 2024.020 — The discovery cutoff
• CCP 2025.210 — When a deposition may be taken
• CCP 2025.220 — Contents of the deposition notice
• CCP 2025.230 — Deposition of an organization
• CCP 2025.250 — Place of deposition
• CCP 2025.270 — Scheduling; minimum notice
• CCP 2025.290 — Seven-hour limit and exceptions
• CCP 2025.310 — Remote depositions
• CCP 2025.410 — Objections to the notice
• CCP 2025.420 — Protective orders
• CCP 2025.450 — Failure to appear; motion to compel
• CCP 2025.460 — Objections at the deposition; waiver
• CCP 2025.480 — Motion to compel an answer or production
• CCP 2025.520 — Transcript review and changes
• CCP 2025.620 — Use of a deposition at trial

This page explains what the Code says. It isn't legal advice, and the California Rules of Court add separate-statement and complex-case requirements this site doesn't reproduce.