Rule 3.1010.Oral depositions by telephone, videoconference, or other remote electronic means
Division 10. Discovery · Chapter 2. Conduct of Discovery · Last amended 2022 · Last verified July 29, 2026
In one sentenceRule 3.1010 lets any party take or attend an oral deposition by phone, video, or other remote means, as long as the noticing party arranges equal access for everyone, gives the required notice, and covers its own costs.
(a)Taking depositions Any party may take an oral deposition by telephone, videoconference, or other remote electronic means, provided:
(1)Notice is served with the notice of deposition or the subpoena;
(2)That party makes all arrangements for any other party to participate in the deposition in an equivalent manner. However, each party so appearing must pay all expenses incurred by it or properly allocated to it;
(3)Any party or attorney of record may be physically present at the deposition at the location of the deponent with written notice of such appearance served by personal delivery, email, or fax, at least five court days before the deposition, and subject to Code of Civil Procedure section 2025.420. An attorney for the deponent may be physically present with the deponent without notice. (Subd (a) amended effective January 1, 2022.)
(b)Appearing and participating in depositions Any party, other than the deponent, or attorney of record may appear and participate in an oral deposition by telephone, videoconference, or other remote electronic means, provided:
(1)Written notice of such appearance is served by personal delivery, e-mail, or fax at least five court days before the deposition;
(2)The party so appearing makes all arrangements and pays all expenses incurred for the appearance. (Subd (b) amended effective January 1, 2022; previously amended effective January 1, 2007, and January 1, 2016.)
(c)Deponent’s appearance A deponent must appear as required by statute or as agreed to by the parties and deponent. (Subd (c) amended effective January 1, 2022.)
(d)Court orders On motion by any person, the court in a specific action may make such other orders as it deems appropriate. (Subd (d) relettered effective January 1, 2022; adopted as Subd (e) effective 2003; previously amended effective January 1, 2007.)
Plain-English Summary
Rule 3.1010 sets the ground rules for taking an oral deposition without everyone in the same room. A party who wants to depose a witness by phone, videoconference, or another remote method must say so in the deposition notice or subpoena, and must set up the technology so every other party can join on equal footing — though each side pays its own share of the cost. Anyone who wants to sit in the same room as the deponent instead of dialing in may do so, but must give written notice at least five court days ahead of time; the deponent’s own lawyer can show up in person without any advance notice at all.
A party other than the deponent, or that party’s attorney, can also choose to appear and question the witness remotely, even if the deposition itself was noticed as an in-person session. That choice comes with the same five-court-day notice requirement, and the appearing party covers whatever expenses its remote setup requires. The deponent, meanwhile, has to show up the way the law or an agreement between the parties and the deponent requires — the rule does not hand the deponent an independent say over the format. And because depositions can raise issues the rule cannot anticipate, any party can ask the judge for a case-specific order addressing how a particular deposition should be handled.
Frequently Asked Questions
Can I insist on being in the same room as the witness even if the deposition is being taken by video?
Yes. Rule 3.1010(a)(3) lets any party or attorney of record show up where the deponent is physically located, as long as written notice goes out at least five court days before the deposition. The deponent’s own attorney does not even need to give that notice.
Who pays for the video or phone setup?
Whoever wants to appear remotely pays its own share. The party noticing a remote deposition must arrange equal access for everyone else, but Rule 3.1010 makes clear that each side covers the costs it incurs or that are properly allocated to it.
How much notice do I need to give if I want to appear by videoconference instead of in person?
At least five court days, delivered in writing by personal delivery, email, or fax. That notice period applies whether you are the party noticing the deposition or another party choosing to appear remotely under subdivision (b).
Does the deponent get to choose whether to appear in person or remotely?
Not under this rule. Rule 3.1010(c) requires the deponent to appear the way a statute requires or the parties and the deponent have agreed — the deponent does not get an independent say beyond that.
Amendment History
Rule 3.1010 amended effective January 1, 2022; adopted as rule 333 effective January 1, 2003; previously amended and renumbered as rule 3.1010 effective January 1, 2007; previously amended effective January 1, 2016.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
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