Except as provided in Section 2020.420, the deposition shall be conducted under the supervision of an officer who is authorized to administer an oath and is subject to all of the following requirements:
§ 2025.320.Deposition officer; qualifications and requirements;
Title 4. Civil Discovery Act · Chapter 9. Oral Deposition Inside California · Article 3. Conduct of Deposition · Enacted 2004 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 2025.320 requires the deposition officer to be neutral, bars the officer or the officer's employer from offering services or products to only one side, prohibits demeanor notations and collection of a witness's personal identifying information, deems qualification objections waived if not timely raised, and allows a civil penalty up to $5,000 for violations.
Full Text of § 2025.320
(a) The officer shall not be financially interested in the action and shall not be a relative or employee of any attorney of the parties, or of any of the parties.
(b) Services and products offered or provided by the deposition officer or the entity providing the services of the deposition officer to any party or to any party's attorney or third party who is financing all or part of the action shall be offered to all parties or their attorneys attending the deposition. No service or product may be offered or provided by the deposition officer or by the entity providing the services of the deposition officer to any party or any party's attorney or third party who is financing all or part of the action unless the service or product is offered or provided to all parties or their attorneys attending the deposition. All services and products offered or provided shall be made available at the same time to all parties or their attorneys.
(c) The deposition officer or the entity providing the services of the deposition officer shall not provide to any party or any party's attorney or third party who is financing all or part of the action any service or product consisting of the deposition officer's notations or comments regarding the demeanor of any witness, attorney, or party present at the deposition. The deposition officer or entity providing the services of the deposition officer shall not collect any personal identifying information about the witness as a service or product to be provided to any party or third party who is financing all or part of the action.
(d) Upon the request of any party or any party's attorney attending a deposition, any party or any party's attorney attending the deposition shall enter in the record of the deposition all services and products made available to that party or party's attorney or third party who is financing all or part of the action by the deposition officer or by the entity providing the services of the deposition officer. A party in the action who is not represented by an attorney shall be informed by the noticing party or the party's attorney that the unrepresented party may request this statement.
(e) Any objection to the qualifications of the deposition officer is waived unless made before the deposition begins or as soon thereafter as the ground for that objection becomes known or could be discovered by reasonable diligence.
WESTLAW © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 § 2025.320. Deposition officer; qualifications and requirements; conflict of interest; objections; civil..., CA CIV PRO § 2025.320
(f) Violation of this section by any person may result in a civil penalty of up to five thousand dollars ($5,000) imposed by a court of competent jurisdiction.
Plain-English Summary
The person running the deposition wields real influence over how smoothly it goes, and this section makes sure that person has no stake in the outcome. Except where a business-records-only subpoena substitutes another procedure, the deposition officer has to be someone authorized to administer an oath who has no financial interest in the case and is not a relative or employee of any party or any party's attorney.
Because deposition officers and the companies that employ them sometimes offer perks, litigation-funding arrangements, or discounted services to whichever side hired them, the section builds in an even-handedness rule: any service or product the officer or the officer's employer offers to one party, that party's attorney, or a litigation funder has to be offered to every party and attorney attending, at the same time, on the same terms. The officer is also barred from selling anyone notes or comments about a witness's, attorney's, or party's demeanor, and cannot collect personal identifying information about the witness to package as a product for any party or funder.
To keep these rules from becoming a trap sprung after the fact, an objection to the officer's qualifications is waived unless raised before the deposition starts, or promptly once the basis for the objection becomes known or discoverable through reasonable diligence. Anyone who violates this section, though, faces a civil penalty of up to $5,000, giving the neutrality and anti-kickback rules real teeth.
Frequently Asked Questions
Who can serve as a deposition officer?
Someone authorized to administer oaths who has no financial stake in the case and is not a relative or employee of a party or party's attorney.
Can the officer offer perks to only one side?
No, services and products must be offered to all parties and attorneys attending, at the same time and on the same terms.
Can the officer share notes about a witness's demeanor?
No, the officer is barred from providing that kind of notation or comment as a service or product.
What happens if someone objects to the officer's qualifications too late?
The objection is waived unless made before the deposition begins or promptly once its basis is known or discoverable.
What is the penalty for violating this section?
A civil penalty of up to $5,000, imposed by a court of competent jurisdiction.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)
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: deposition officer neutrality rules californiacourt reporter kickback prohibition california