The deposition of any expert described in subdivision (b) of Section 2034.210 shall be taken at a place that is within 75 miles of the courthouse where the action is pending. On motion for a protective order by the party designating an expert witness, and on a showing of exceptional hardship, the court may order that the deposition be taken at a more distant place from the courthouse.
§ 2034.420.Location of deposition; mileage limitations; exception
Title 4. Civil Discovery Act · Chapter 18. Simultaneous Exchange of Expert Witness Information · Article 3. Deposition of Expert Witness · Last amended 2008 · Last verified July 29, 2026
In one sentenceSection 2034.420 requires that a deposition of a designated expert take place within 75 miles of the courthouse where the action is pending, unless the court, on the designating party's motion and a showing of exceptional hardship, orders it held farther away.
Full Text of § 2034.420
Plain-English Summary
This section sets a geographic default for where an expert's deposition happens, protecting the party who retained the expert from having to produce that expert wherever the opposing side finds convenient. The deposition of an expert described in Section 2034.210(b) must be taken at a place within 75 miles of the courthouse where the action is pending, keeping the location tethered to where the case itself is being litigated.
That 75-mile radius is not absolute. The party who designated the expert can move for a protective order asking the court to allow the deposition somewhere farther away, but the motion succeeds only on a showing of exceptional hardship. That is a demanding standard, deliberately so, since the default rule exists to prevent the deposing party from imposing travel burdens on an expert or on the designating side by choosing an inconvenient venue for the deposition.
Frequently Asked Questions
How far from the courthouse must an expert's deposition normally be taken?
Within 75 miles of the courthouse where the action is pending.
Can the deposition be held farther than 75 miles away?
Yes, but only if the court grants a protective order on the designating party's motion, based on a showing of exceptional hardship.
Who can move to have the deposition held farther from the courthouse?
The party who designated the expert witness, not the party seeking to take the deposition.
What standard must be met to move the deposition beyond 75 miles?
Exceptional hardship, a standard higher than ordinary inconvenience or expense.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005. Amended by Stats.2008, c. 303 (A.B.2619), § 1.)
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: ccp 2034.420 expert deposition location california75 mile rule expert depositionexceptional hardship expert deposition location