§ 1991.2.Depositions; applicability of section 1991
Title 3. Of the Production of Evidence · Chapter 2. Means of Production · Last amended 2005 · Last verified July 29, 2026
Full Text of § 1991.2
Plain-English Summary
This short section draws a clean boundary between two enforcement systems. Section 1991's report-and-hearing procedure for a disobedient or uncooperative witness doesn't reach anything happening at a deposition taken under the Discovery Act.
Instead, the Discovery Act's own chapter on misuse of the discovery process, and the sanctions it authorizes, governs exclusively. Anyone dealing with a difficult witness at a Discovery Act deposition needs to look there, not to Section 1991, for the applicable enforcement tools.
Frequently Asked Questions
Does Section 1991 apply to depositions taken under the Civil Discovery Act?
No. Section 1991.2 says Section 1991 doesn't apply to any act or omission occurring in a Discovery Act deposition.
What governs enforcement instead?
Chapter 7 of the Discovery Act, beginning with Section 2023.010, applies exclusively to conduct at these depositions.
Why does the law separate these two enforcement schemes?
The Discovery Act built its own comprehensive sanctions structure for discovery misconduct, and this section prevents the older general subpoena-contempt procedure from overlapping or conflicting with it.
Amendment History
(Added by Stats.1959, c. 1590, p. 3934, § 14. Amended by Stats.2005, c. 294 (A.B.333), § 6.)