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§ 2028.060.Questions on direct examination; copy for prior study by deponent

Title 4. Civil Discovery Act · Chapter 11. Deposition by Written Questions · Enacted 2004 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 2028.060 lets the party taking a written deposition send the deponent a copy of the direct examination questions for advance study, but bars any party or attorney from letting the deponent preview the cross, redirect, or recross questions beforehand.

Full Text of § 2028.060

Text sizeJump to: (a) (b)

(a) The party taking a written deposition may forward to the deponent a copy of the questions on direct examination for study prior to the deposition.
(b) No party or attorney shall permit the deponent to preview the form or the substance of any cross, redirect, or recross questions.

Plain-English Summary

Written depositions run on a fixed script, and this section decides how much of that script the deponent gets to see in advance. The party who took the deposition may forward the deponent a copy of the direct examination questions before the deposition happens, letting the witness prepare for the questions that party plans to ask.

That advance look doesn't extend to what other parties plan to ask, though. No party or attorney may let the deponent preview the form or substance of any cross, redirect, or recross questions before they're propounded. That asymmetry keeps the questioning parties' own strategy intact; a deponent who's rehearsed answers to the anticipated direct questions still has to respond to everything else cold, the same way a live witness would.

Frequently Asked Questions

Can a deponent see the direct examination questions before a written deposition?

Yes. The party taking the deposition may forward a copy of the direct examination questions to the deponent for study beforehand.

Can a party show the deponent the cross or redirect questions in advance?

No. Section 2028.060 bars any party or attorney from letting the deponent preview the form or substance of cross, redirect, or recross questions.

Why does this section treat direct questions differently from cross questions?

Direct questions come from the party that scripted them and control that party's own examination, while cross, redirect, and recross questions test the deponent, so previewing them would undercut the point of the exchange.

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: preview deposition questions before testimonydirect examination questions advance study