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§ 2036.050.Use of deposition to perpetuate testimony in later proceedings

Title 4. Civil Discovery Act · Chapter 20. Perpetuation of Testimony or Preservation of Information Pending Appeal · Enacted 2004 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 2036.050 allows a deposition taken to perpetuate testimony under this chapter while an appeal is pending to be used in any later proceeding in the case, governed by the same rules that apply to the use of depositions generally.

Full Text of § 2036.050

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If a deposition to perpetuate testimony has been taken under the provisions of this chapter, it may be used in any later proceeding in accordance with Section 2025.620.

Plain-English Summary

This final section closes Chapter 20 the way Section 2035.060 closes Chapter 19: by confirming that a deposition taken under this chapter's procedure is not just a formality but something that can be put to use later. If a case comes back to the trial court, on remand after a reversal, for further proceedings ordered by the appellate court, or in any other later stage, a deposition taken under this chapter to perpetuate testimony while the appeal was pending can be offered in that proceeding.

The section points to the existing framework rather than inventing a new one: use of the deposition is governed by Section 2025.620, the same statute that controls how any deposition may be used at trial or in a hearing. Nothing about having been taken under this post-judgment, pending-appeal procedure changes the standard for admitting it. The value of Chapter 20 lies almost entirely in this section, since a right to take a deposition would mean little if the deposition could not later be put to use once the case resumes.

Frequently Asked Questions

Can a deposition taken under Chapter 20 be used in later proceedings after the appeal?

Yes, in any later proceeding in the case, including on remand for further proceedings in the court that entered the judgment.

What rule governs how the deposition may be used?

Section 2025.620, the same rule that governs the use of depositions generally.

Does taking a deposition under this chapter change how it can be admitted compared to an ordinary deposition?

No. It is used under the same standard that applies to any deposition under Section 2025.620.

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: ccp 2036.050 using appeal deposition later proceedingadmissibility deposition taken pending appealuse of perpetuated testimony after remand