Remote depositions have become standard practice in California and nationwide. California Code of Civil Procedure Section 2025 permits remote depositions by stipulation, and most lawyers now use remote services regularly for efficiency and cost savings.
Legal Foundation for Remote Depositions
California Code of Civil Procedure Section 2025
California explicitly permits remote depositions. Section 2025(b)(1) states: A deposition shall be conducted orally unless a written deposition is requested. An oral deposition shall be taken by telephone or videoconference unless otherwise stipulated.
This means remote depositions are the default, not the exception. Parties may stipulate to remote depositions without judge approval. Witness participation can be from any location, not just California.
Types of Remote Depositions Permitted in California
Telephone Depositions
Parties can stipulate to telephone depositions where the witness is called and testimony is recorded. Less common now due to preference for video, but legally valid.
Video Depositions
Video depositions via platforms like Zoom, Teams, or Webex are permitted and increasingly standard. All participants can see and hear each other. Recording capability is required.
Requirements for Valid Remote Depositions
Proper Notice
All parties must receive advance notice of the remote deposition, date, time, platform, access information, and court reporter details. Notice should be sent at least 5 to 7 business days in advance.
Recording Requirements
Remote depositions must be recorded with both audio and video recording required. Recording must be continuous. Files must be secure and backed up.
Technical Setup Requirements
Broadband internet required (minimum 10 Mbps download, 5 Mbps upload). Equipment includes camera (minimum 1080p), quality microphone, speakers or headphones. Use Zoom for Business, Microsoft Teams, or WebEx for security.
Recording and Transcription in Remote Depositions
Professional Transcription
Best practice is using a professional court reporter who conducts the deposition in real time and produces official transcript. A certified reporter creates a verified, admissible record.
Conclusion
Remote court reporting is legally valid in California under Code Section 2025, and increasingly the standard for depositions statewide. With proper notice, stipulation, professional court reporting, and technical reliability, remote depositions work well and save time and cost.