California videoconferencing code

[Diane Smith]

Hello, everyone.

Can anyone tell me if CCP 2025.310(b) (reporter and party witness must be in same room) also applies for videoconferencing?  I can't find any exceptions to that code, even if the reporter can actually see the witness remotely, so I'm assuming in CA even in a videoconferenced depo the witness & reporter have to be together.  But I would love to know that I haven't just missed something.  Any help would be appreciated.  Thanks - Diane

[Kelli Combs (admin)]

I've taken multiple depositions where the witness is via teleconference.  I don't know what the code says, but as long as both parties agree, not sure there's  a problem.

[Diane Smith]

Thanks, Kelli.  I've been asking around and it seems to be some reports get a stip on the record, some reporters won't take the depo.  So there must not be an amended code addressing it.  :)  I appreciate your input!

[Kelli Combs (admin)]

I just feel as long as I can hear with no problem and both attorneys agree on the record to the teleconference, I think you're good.  I've never had a problem.  However, if you cannot hear very well, then that's a different issue and I would not continue.