At any time after the issuance of summons, any party to the action may take depositions in conformity to law upon notice to the adverse party sought to be bound by such depositions and who has appeared in the action and upon notice filed with the clerk. The depositions may be used by any party against any other party giving or receiving the notice, subject to all just exceptions.
§ 751.18.Depositions
Title 10. Actions In Particular Cases · Chapter 3.5. Actions to Re-establish Destroyed Land Records · Enacted 1953 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 751.18 lets any party take depositions after the summons issues, on notice to any adverse party who has appeared and has been served with notice filed with the clerk, and permits using those depositions against any party who gave or received that notice, subject to the usual objections.
Full Text of § 751.18
Plain-English Summary
Even though this chapter borrows the general civil rules under § 751.17, this section spells out one specific discovery tool explicitly: depositions. Any party can take depositions in the ordinary way, in conformity with law, starting any time after the summons issues.
The notice requirement runs to adverse parties who have already appeared in the action, and a copy of that notice has to be filed with the clerk. Once taken, a deposition can be used by any party against any other party who gave or received the notice, though the usual objections to admissibility still apply.
Frequently Asked Questions
When can parties start taking depositions in this kind of action?
At any time after the summons has issued.
Who must be notified before a deposition is taken?
Any adverse party sought to be bound by the deposition who has appeared in the action, with notice also filed with the clerk.
Can a deposition be used against a party who didn't take it?
Yes, so long as that party gave or received the notice of the deposition, subject to all the usual just exceptions.
Amendment History
Added by Stats. 1953, Ch. 52.
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: depositions destroyed land records action california