(a) A court may require the parties in a comprehensive adjudication to submit written testimony of relevant witnesses in the forms of affidavits or declarations under penalty of perjury in lieu of presenting live testimony. The required written testimony may include, but is not limited to, expert witness opinions and testimony that authenticates documentary evidence. The court may order that the written testimony constitutes the entirety of the witness's direct testimony, require the written testimony to include any exhibits offered in support of the written testimony, and, in the case of written testimony of an expert witness, require a statement of the witness's qualifications.
§ 844.Submission of Written Testimony In Lieu of Live
Title 10. Actions In Particular Cases · Chapter 7. Actions Relating to Groundwater Rights · Article 11. Written Testimony · Enacted 2015 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 844 lets the court require parties in a comprehensive adjudication to submit written testimony under penalty of perjury in place of live direct testimony, on a set service schedule, admissible as a documentary exhibit if the witness is made available for cross-examination.
Full Text of § 844
(b) If the court requires the submission of written testimony pursuant to subdivision (a), a complete copy of the direct testimony shall be served at least 21 days before trial. A complete copy of any rebuttal testimony shall be served no later than the first day of trial.
(c) If the contents of the written testimony would have been admissible if the witness testified orally, the written testimony shall be received by the court as a documentary exhibit if the witness whose written testimony is being offered is made available for cross-examination by all parties.
Plain-English Summary
With potentially large numbers of witnesses and parties, live testimony for every witness could make trial in a comprehensive adjudication unmanageable. Section 844 lets the court require written testimony instead, in the form of affidavits or declarations under penalty of perjury, covering anything from expert opinions to authentication of documents. The court can make this written testimony serve as the witness's entire direct testimony, require supporting exhibits to be included, and require a statement of an expert witness's qualifications.
Subdivision (b) sets service deadlines: a complete copy of direct testimony at least twenty-one days before trial, and any rebuttal testimony no later than the first day of trial. Subdivision (c) makes clear that written testimony otherwise admissible as if given orally comes into evidence as a documentary exhibit, so long as the witness is made available for cross-examination by every party.
Frequently Asked Questions
Can a court require written testimony instead of live testimony in a groundwater adjudication?
Yes, under § 844(a), including expert opinions and testimony authenticating documents.
When must written direct testimony be served?
At least twenty-one days before trial; rebuttal testimony no later than the first day of trial.
Does using written testimony eliminate cross-examination?
No. The written testimony is received as a documentary exhibit only if the witness is made available for cross-examination by all parties.
Amendment History
Added by Stats 2015 ch 672 (AB 1390),s 1, eff. 1/1/2016.
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: written testimony groundwater adjudication california