A deposition is a written declaration, under oath, made upon notice to the adverse party, for the purpose of enabling him to attend and cross-examine. In all actions and proceedings where the default of the defendant has been duly entered, and in all proceedings to obtain letters of administration, or for the probate of wills and the issuance of letters testamentary thereon, where, after due and legal notice, those entitled to contest the application have failed to appear, the entry of said defaults, and the failure of said persons to appear after notice, shall be deemed to be a waiver of the right to any further notice of any application or proceeding to take testimony by deposition in such action or proceeding.
§ 2004.“Deposition’’ defined; default as waiver of notice of deposition proceedings
Title 3. Of the Production of Evidence · Chapter 3. Manner of Production · Article 1. Mode of Taking the Testimony of Witnesses · Last amended 1907 · Last verified July 29, 2026
In one sentenceSection 2004 defines a deposition as a written declaration under oath taken upon notice to the adverse party so that party can attend and cross-examine, and provides that a defaulting defendant, or a person who fails to appear and contest a probate matter after due notice, waives the right to further notice of any deposition taken in the case.
Full Text of § 2004
Plain-English Summary
What separates a deposition from an affidavit is notice. A deposition is a written declaration under oath, but it is taken only after the adverse party has been notified, giving that party the chance to show up and cross-examine the witness. That opportunity is what lets deposition testimony carry more evidentiary weight than an ex parte affidavit.
The section adds a practical rule for parties who have already dropped out of the case. Once a defendant's default has been duly entered, or once a person entitled to contest a will's probate or an administration proceeding has failed to appear after proper notice, that silence counts as a waiver of any further right to notice of depositions taken afterward in the same matter. Having chosen not to participate once notice was given, the absent party cannot later complain that a deposition proceeded without a fresh round of notice to them.
This section supplies the concept; the step-by-step mechanics of scheduling, conducting, and recording a deposition today are set out in the Civil Discovery Act elsewhere in this Part.
Frequently Asked Questions
What is a deposition under Section 2004?
A written declaration under oath, taken upon notice to the adverse party so that party can attend and cross-examine.
How does a deposition differ from an affidavit?
An affidavit is taken without notice to the other side; a deposition requires notice and gives the adverse party a chance to cross-examine.
Does a defaulted defendant still get notice of depositions taken afterward?
No. Once the default is duly entered, the defendant is deemed to have waived the right to further notice of depositions taken in the action.
Does this section govern how a modern deposition is conducted?
No. It defines the concept; the current procedure for noticing, conducting, and recording depositions is set out in the Civil Discovery Act.
Amendment History
(Enacted in 1872. Amended by Stats.1907, c. 527, p. 981, § 1.)
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: ccp 2004 deposition definitiondefault judgment waiver of deposition noticedeposition notice cross examine california