(a) Title page The first page of any deposition used as an exhibit must state the name of the deponent and the date of the deposition. (Subd (a) amended effective January 1, 2007.)
Rule 3.1116.Deposition testimony as an exhibit
Division 11. Law and Motion · Chapter 2. Format of Motion Papers · Last amended 2007 · Last verified July 29, 2026
In one sentenceRule 3.1116 tells parties how to format deposition transcript pages used as exhibits, requiring a title page naming the deponent and deposition date, only the relevant transcript pages with visible original page numbers, and clear highlighting of the testimony being cited.
Full Text of Rule 3.1116
(b) Deposition pages Other than the title page, the exhibit must contain only the relevant pages of the transcript. The original page number of any deposition page must be clearly visible. (Subd (b) amended effective January 1, 2007.)
(c) Highlighting of testimony The relevant portion of any testimony in the deposition must be marked in a manner that calls attention to the testimony. (Subd (c) amended effective January 1, 2007.)
Plain-English Summary
When a deposition transcript gets attached to a motion, Rule 3.1116 makes sure the judge can find what matters without reading the whole thing. The exhibit needs a title page listing the deponent’s name and the date of the deposition, so anyone flipping through a stack of exhibits can tell at a glance whose testimony they are looking at and when it was taken.
After that title page, only the pages relevant to the motion belong in the exhibit — not the full transcript — and each of those pages has to keep its original page number visible, so a reader can trace it back to where it sat in the complete deposition. The testimony being relied on must also be marked in a way that draws attention to it, rather than leaving the reader to hunt through a full page of question-and-answer for the one line that matters.
Frequently Asked Questions
Do I have to attach the whole deposition transcript as an exhibit?
No. Rule 3.1116(b) limits the exhibit to the relevant pages of the transcript, not the entire deposition, though each included page must keep its original page number visible.
What information needs to be on the title page of a deposition exhibit?
The deponent’s name and the date the deposition was taken. Rule 3.1116(a) requires both on the first page of the exhibit.
Do I need to highlight the specific testimony I’m relying on?
Yes. Rule 3.1116(c) requires the relevant portion of the testimony to be marked in a way that calls attention to it.
Amendment History
Rule 3.1116 amended and renumbered effective January 1, 2007; adopted as rule 316 effective January 1, 1992.
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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