§ 2028.070.Orders for protection of parties and deponents; additional court remedies
Title 4. Civil Discovery Act · Chapter 11. Deposition by Written Questions · Enacted 2004 · no amendments on record · Last verified July 29, 2026
Full Text of § 2028.070
Plain-English Summary
A written deposition doesn't always go as planned, and this section gives the court several ways to fix it. Beyond whatever protective order it could already enter for depositions generally, the court can order that the deponent's testimony be taken by oral examination instead of written questions, effectively converting the deposition format midstream. It can also let one or more of the parties who received notice of the written deposition attend in person or through an attorney and question the deponent live rather than relying solely on pre-written questions.
The court can also address the objection process directly, ruling on pending form objections or privilege and work-product objections rather than leaving them to a separate motion. And if the named deposition officer turns out to be unsuitable, the court can order that the deposition proceed before a different officer instead. Together, these options give a court real flexibility to salvage a written deposition that's run into trouble, rather than forcing the parties to start over.
Frequently Asked Questions
Can a court convert a written deposition into an oral one?
Yes. Section 2028.070 lets the court order that the deponent's testimony be taken by oral examination instead of written questions.
Can other parties question the deponent live during what was noticed as a written deposition?
Yes, if the court orders that one or more parties be permitted to attend in person or by attorney and propound questions orally.
Can the court rule on pending form or privilege objections under this section?
Yes. The court may order that objections served under Sections 2028.040 and 2028.050 be sustained or overruled.
Can the court replace the deposition officer named in the notice?
Yes. The court may order that the deposition be taken before an officer other than the one named or described in the notice.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)