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Is a Remote Deposition Allowed? The Authority Map

✅ Bottom Line Quick Summary

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Yes, remote depositions are expressly permitted in California. CRC 3.1010 allows oral depositions by telephone, videoconference, or other remote electronic means. CCP 2025.310 confirms the deposition officer (court reporter) may attend remotely and the deponent need not be physically present with the officer when sworn.

The key issues aren't whether it's allowed, but how to handle exhibits, witness integrity, and objections in a virtual setting.

📌 Key Authority: CRC 3.1010

California Rules of Court, Rule 3.1010 expressly permits oral depositions "by telephone, videoconference, or other remote electronic means." This is the baseline authority for all remote deposition practice in California civil cases.

View CRC 3.1010 →

💡 Practitioner Insight

In my experience defending remote depositions for California attorneys, the most common failure point isn't the legal authority—it's exhibit handling. Establish your protocol before the deposition, not on the record when opposing counsel is objecting to your screen share.

The Authority Stack

Understanding which rules govern what helps you respond to objections confidently:

Rule/Statute	What It Governs	Key Provision
CRC 3.1010	Remote format permission	Depositions may be taken by phone, video, or remote electronic means
CCP 2025.310	Officer mechanics	Deposition officer may attend remotely; deponent not required to be physically present with officer
CCP 2025.420	Protective orders	Court may issue orders to protect against undue burden or harassment—applies to remote-specific issues
CCP 2025.470	Suspension	Deponent may suspend deposition to seek protective order if exam conducted in bad faith or unreasonably

⚠️ Red Flag: Physical Presence Demands

If opposing counsel insists on physical presence at the deponent's location, know that CRC 3.1010(a)(3) allows this with 5 court days written notice—but it's subject to CCP 2025.420 protective orders. If the demand is tactical rather than legitimate, you can move for protection.

Defending Remote Depositions: The On-Record Playbook

📋 Default Checklist Printable

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Confirm witness is alone in the room (or identify all persons present)
Request camera shows full upper body and hands
Confirm no messaging apps, second devices, or off-camera communications
Establish break protocol and how breaks will be logged
Confirm exhibit handling method (pre-marked, live share, etc.)
Test audio quality before substantive questioning begins

🧩 Tactical Option: Room Scan Request

If you have genuine concern about coaching or third-party presence, you can request on the record that the witness show their surroundings with their camera. This is not required by rule, but courts have upheld its reasonableness when there's articulable suspicion. Don't make this request routinely—save it for when you see actual red flags.

Exhibit Handling Protocols

Select your exhibit protocol:

Pre-Mark Protocol

Best for: Document-heavy depositions, complex cases, when you want maximum control.

Exchange exhibits 48-72 hours before deposition
Each exhibit pre-numbered (e.g., "Exhibit A-1" for your exhibits, "Exhibit B-1" for theirs)
All parties have identical copies before start
Screen share for reference only—no "live" marking disputes

Live Mark Protocol

Best for: Short depositions, limited exhibits, impeachment-heavy situations.

Reporter marks exhibits in real-time via platform
Screen share required for each exhibit
Higher risk of technical delays and disputes
Confirm reporter's platform capabilities before deposition

Hybrid Protocol

Best for: When you have core exhibits but need flexibility for impeachment.

Pre-mark known exhibits (document requests, key contracts, prior testimony)
Reserve ability to live-mark impeachment exhibits
Stipulate to method at deposition start
Keep backup copies ready for screen share

🧪 Tech Note: Platform Settings

If using Zoom, ensure the host has enabled "Multiple participants can share simultaneously" if both sides may need to share exhibits. Disable "Annotation" unless you want opposing counsel marking up your documents on screen. Consider using "Immersive View" to see the witness more naturally.

When Remote Goes Sideways

⚠️ Common Failure Points Know These

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1. Coaching Allegations

Signs: Long pauses before answers, witness eyes tracking off-camera, typing sounds, witness repeating question verbatim before answering.

On-record response: "Let the record reflect [description]. Counsel, please confirm whether anyone is communicating with the witness."

2. Tech Failures

What to do: Get the failure on the record (time, nature of failure). If it's brief, stipulate to continue. If extended, stipulate to recess and reschedule remaining time.

3. Exhibit Disputes

Prevention: Establish protocol at start. If dispute arises, don't fight on the record—offer to exchange courtesy copies via email during a break.

On-Record Scripts

📝 Opening Script: Remote Ground Rules

Before we begin, I'd like to establish some ground rules for the remote format. First, please confirm that you are the only person in the room with you right now. [WAIT FOR RESPONSE] Second, please confirm that you do not have any messaging applications open, and that no one will be communicating with you during this deposition other than through your counsel on the record. [WAIT FOR RESPONSE] Third, if you need to take a break for any reason, please let us know on the record before doing so. Fourth, if you experience any technical difficulties—audio cutting out, video freezing—please say so immediately so we can address it. Do you understand and agree to these ground rules?

⚠️ Tech Failure Stipulation

Let the record reflect that at [TIME], the video/audio connection experienced [DESCRIBE ISSUE]. We're going to take a brief recess to attempt to resolve the technical issue. The time is now [TIME]. [AFTER RESOLUTION] Back on the record. The time is [TIME]. The technical issue has been resolved and we're resuming the deposition. All parties stipulate that the interruption was due to technical difficulties and not any conduct by the witness or counsel.

Remote Litigation Support Services

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Need Remote Litigation Support?

For California attorneys who need coverage

What I Can Do Remotely

✓ Defend depositions via Zoom
✓ Remote hearing appearances (where permitted)
✓ Discovery prep & document review
✓ Demand letters & settlement strategy
✓ Deposition prep sessions

What I Need 48 Hours Before

✓ Deposition notice & case caption
✓ Key pleadings (complaint, answer)
✓ Relevant discovery responses
✓ Exhibit folder (Bates-numbered)
✓ "Do not cross" topics list

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