§ 2029.500.Depositions, production, and inspection; applicable laws and rules
Title 4. Civil Discovery Act · Chapter 12. Discovery in Action Pending Outside California · Article 1. Interstate and International Depositions and Discovery Act · Enacted 2008 · no amendments on record · Last verified July 29, 2026
Full Text of § 2029.500
Plain-English Summary
Once a subpoena is issued and served under this article, the actual discovery that follows doesn't operate under some separate, imported set of rules. This section makes clear that Title 3's general subpoena statutes and Title 4's Civil Discovery Act, along with any other California law or court rule governing a deposition, a document or tangible-item production, or a premises inspection, apply to discovery conducted under this article the same way they'd apply to discovery in a case filed here in California.
That includes the rules governing court costs and sanctions. A witness deposed here for an out-of-state case gets the same protections against overreaching discovery, and the same exposure to sanctions for misconduct, as a witness in a purely California lawsuit would. The underlying policy is plain enough: California has a real interest in protecting people within its borders who get pulled into someone else's litigation as non-party witnesses, and applying its own discovery law is how that protection gets delivered.
Frequently Asked Questions
What law governs a deposition taken in California under this article?
The same law that would govern it in a California case: the general subpoena statutes, the Civil Discovery Act, and other applicable state laws and court rules.
Do sanctions rules apply to discovery conducted under this article?
Yes. Any law or court rule governing sanctions or court costs for discovery applies to discovery under this article as well.
Why does California apply its own discovery law rather than the out-of-state court's law?
Because California has an interest in protecting its own residents who become non-party witnesses in someone else's case from unreasonable or overly burdensome discovery.
Amendment History
(Added by Stats.2008, c. 231 (A.B.2193), § 3, operative Jan. 1, 2010.)