The deposition officer may not suspend the taking of testimony without the stipulation of all parties present unless any party attending the deposition, including the deponent, demands that the deposition officer suspend taking the testimony to enable that party or deponent to move for a protective order under Section 2025.420 on the ground that the examination is being conducted in bad faith or in a manner that unreasonably annoys, embarrasses, or oppresses that deponent or party.
§ 2025.470.Suspension of testimony; authority of deposition officer
Title 4. Civil Discovery Act · Chapter 9. Oral Deposition Inside California · Article 4. Objections, Sanctions, Protective Orders, Motions to Compel, and Suspension of Depositions · Enacted 2004 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 2025.470 bars a deposition officer from suspending the taking of testimony without every present party's agreement, unless a party or the deponent demands suspension to seek a protective order on the ground that the examination is being conducted in bad faith or in a manner that unreasonably annoys, embarrasses, or oppresses someone.
Full Text of § 2025.470
Plain-English Summary
A deposition, once underway, is not supposed to grind to a halt just because someone is unhappy with how it is going, and this section limits the deposition officer's power to stop it. Absent a stipulation by everyone present, the officer cannot suspend the taking of testimony.
The one exception is deliberately narrow: any party or the deponent can demand that the officer suspend the deposition so that person can go seek a protective order under Section 2025.420, but only on the ground that the examination itself is being conducted in bad faith or in a way that unreasonably annoys, embarrasses, or oppresses the deponent or a party. That ties the suspension power directly to the same misconduct grounds that justify a protective order in the first place, rather than letting any disagreement bring the deposition to a stop.
Frequently Asked Questions
Can a deposition officer stop the testimony on their own initiative?
No, not without the stipulation of everyone present.
When can a party or deponent demand a suspension?
To seek a protective order on the ground the examination is being conducted in bad faith or in a manner that unreasonably annoys, embarrasses, or oppresses someone.
What happens after the suspension?
The party demanding it moves for a protective order under Section 2025.420.
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
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