The party obtaining a postponement of a trial, if required by the adverse party, must consent that the testimony of any witness of such adverse party, who is in attendance, be then taken by deposition before a judge or clerk of the court in which the case is pending, or before such notary public as the court may indicate, which must accordingly be done; and the testimony so taken may be read on the trial, with the same effect, and subject to the same objections, as if the witnesses were produced.
§ 596.Testimony of Adverse Party's Witness Taken By Deposition
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 3. Issues—The Mode of Trial and Postponements · Last amended 1951 · Last verified July 28, 2026
In one sentenceSection 596 requires a party who obtains a trial postponement, if the adverse party demands it, to consent to having the testimony of any attending witness of the adverse party taken by deposition before a judge, clerk, or court-designated notary, with that deposition testimony usable at trial with the same effect and objections as live testimony.
Full Text of § 596
Plain-English Summary
Getting a postponement comes with a price if the other side asks for it. Under § 596, a party who obtains a postponement must, on the adverse party's demand, consent to the deposition of any witness of that adverse party who is present and ready to testify. The deposition can be taken before a judge or clerk of the court, or before a notary public the court designates.
That preserved testimony isn't a lesser substitute. When read at trial later, it carries the same effect, and is subject to the same objections, as if the witness had appeared and testified in person.
Frequently Asked Questions
Who can demand a deposition under § 596?
The adverse party — the one who didn't seek the postponement — can demand that the postponing party consent to depositions of the adverse party's attending witnesses.
Who can take that deposition?
A judge or clerk of the court where the case is pending, or a notary public the court indicates.
How is that deposition testimony treated at trial?
It may be read at trial with the same effect, and subject to the same objections, as if the witness had testified in person.
Amendment History
Amended by Stats. 1951, Ch. 1737.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: deposition after trial postponement california