California Rule of Court 3.1010 governs oral depositions taken by telephone, videoconference, or other remote means in state court. The rule itself is short, with only four subsections labeled (a) through (d), and it works alongside Code of Civil Procedure sections 2025.310, 2025.220, and 2025.420 to form California’s full framework for remote depositions.1Judicial Branch of California. California Rules of Court – Rule 3.1010
What the Rule Actually Covers
Rule 3.1010 addresses three things and gives courts a catch-all power. Subdivision (a) tells a party how to notice a deposition remotely. Subdivision (b) tells other parties and their attorneys how to appear remotely at someone else’s deposition. Subdivision (c) points to the statutes and any party agreement for how the deponent must appear. Subdivision (d) lets the court issue further orders on motion. There is no subdivision (e), (f), or (j), despite what some summaries suggest.
Many procedural details commonly associated with the rule — the oath, the contents of the deposition notice, the qualifications of the deposition officer — live in the Code of Civil Procedure, not in Rule 3.1010 itself.
Noticing a Deposition Remotely Under Subdivision (a)
Any party may take an oral deposition by telephone, videoconference, or other remote means under Rule 3.1010(a), subject to three conditions.1Judicial Branch of California. California Rules of Court – Rule 3.1010
First, the party must serve notice of the remote format with the deposition notice or subpoena. Second, the noticing party must arrange for every other party to participate in an equivalent manner, though each party pays its own costs of remote participation. Third, any party or attorney of record keeps the right to be physically present with the deponent, so long as they serve written notice by personal delivery, email, or fax at least five court days beforehand.
That third piece catches lawyers off guard. Even when a deposition is set as fully remote, opposing counsel can show up in the room with the witness. The deponent’s own attorney can be physically present with the deponent without giving any advance notice.1Judicial Branch of California. California Rules of Court – Rule 3.1010
The equivalent-access requirement also has a cost implication. If the noticing party picks an expensive platform, the other side does not have to pay for that specific choice; the noticing party must either provide access or accept an equivalent alternative.
Appearing Remotely at Another Party’s Deposition Under Subdivision (b)
Subdivision (b) covers a different scenario: a party or attorney of record who is not taking the deposition but wants to appear and participate remotely. This is common in multi-party cases where a co-defendant’s lawyer needs to cross-examine a witness without flying across the state.
Under Rule 3.1010(b), any non-deposing party or attorney of record may appear by telephone, videoconference, or other remote means if they serve written notice at least five court days before the deposition and handle their own arrangements and expenses.1Judicial Branch of California. California Rules of Court – Rule 3.1010
The five-court-day window is not optional. Serving notice the day before and expecting to log in usually gets you shut out, and the deposing party has no obligation to accommodate a late request.
How the Deponent Must Appear
Subdivision (c) is a single sentence: a deponent must appear as required by statute or as agreed to by the parties and deponent.1Judicial Branch of California. California Rules of Court – Rule 3.1010 The rule itself does not require in-person attendance. It points to the underlying statutes, chiefly Code of Civil Procedure section 2025.310, and to whatever the parties negotiate.
CCP 2025.310(a) is where the flexibility lives. At the election of the deponent or the deposing party, the deposition officer may attend from a different location than the witness through remote means, and the deponent is not required to be physically present with the officer when sworn in.2California Legislative Information. California Code of Civil Procedure 2025.310 A witness in San Diego can be deposed while the reporter sits in Sacramento and the attorneys dial in from Los Angeles, without any court order, provided the deposing party or the deponent elects that arrangement.
CCP 2025.310(d) adds an important limit: using remote technology does not waive any other deposition rules, including those governing time, place, or manner of examination.2California Legislative Information. California Code of Civil Procedure 2025.310 Going remote does not create a shortcut around geographic limits, document production obligations, or any other procedural requirement.
Oath and the Deposition Officer
One question that once created uncertainty is now settled: the officer can swear in a witness who is in a different room or a different city. The officer still has the duty to put the deponent under oath or affirmation under CCP 2025.330(a),3California Legislative Information. California Code of Civil Procedure 2025.330 but physical proximity is not required.
CCP 2025.310(e) also makes clear that the remote-attendance provisions do not change who qualifies to serve as a deposition officer. The officer must still be a certified shorthand reporter or other person authorized under the Business and Professions Code and Government Code.2California Legislative Information. California Code of Civil Procedure 2025.310 In practice, the court reporter joins the same videoconference as the witness and counsel, administers the oath on camera, and transcribes from audio.
Who Pays for What
Rule 3.1010 sets a simple cost principle: the deposing party arranges equivalent remote access for everyone, and each remote participant pays its own expenses.1Judicial Branch of California. California Rules of Court – Rule 3.1010 This applies under both subdivision (a), for the noticing party, and subdivision (b), for other parties joining remotely. A co-defendant logging in to cross-examine covers its own videoconference subscription and technical support fees.
The deposing party still bears the baseline costs of the court reporter, the transcript, and any platform hosting fees necessary to make the session happen.
When You Can Ask the Court to Step In
Subdivision (d) gives the court broad authority: on motion by any person, the court in a specific action may make such other orders as it deems appropriate.1Judicial Branch of California. California Rules of Court – Rule 3.1010 This is the safety valve when a remote format creates unfairness — a witness who repeatedly “loses connection” during hard questions, an attorney who appears to be coaching off-camera, or a platform producing unintelligible audio.
The fuller protective-order framework is in CCP 2025.420. Before, during, or after a deposition, any party, deponent, or affected person may move for a protective order. For good cause, the court may order the deposition taken at a different time or place, limit the scope of examination, exclude certain people, change the recording method, or terminate the examination.4California Legislative Information. California Code of Civil Procedure 2025.420 Any motion must include a meet-and-confer declaration showing an attempt to resolve the dispute informally first.
In remote practice, these motions commonly address whether a deponent can be forced to appear on video rather than audio-only, whether a particular platform meets accessibility needs, or whether the deposing party’s failure to provide working login credentials warrants sanctions. Courts also routinely approve stipulated protocols requiring the deponent to be alone in a room, keep their phone out of reach, disable messaging applications, and show their workspace on camera before testimony begins. These protocols are not mandated by Rule 3.1010, but they fit comfortably within the general order authority of subdivision (d).
How This Differs from Federal Practice
Federal Rule of Civil Procedure 30(b)(4) is more restrictive. Under the federal rule, parties must either stipulate to a remote deposition or obtain a court order; there is no unilateral right to notice one.5Legal Information Institute (LII). Federal Rules of Civil Procedure – Rule 30 Depositions by Oral Examination California’s Rule 3.1010(a) lets any party notice a remote deposition as a matter of right, subject only to the notice and equivalent-access conditions.
Both systems agree on one point: a remote deposition is deemed to take place where the deponent answers the questions, not where the attorneys or reporter are located.5Legal Information Institute (LII). Federal Rules of Civil Procedure – Rule 30 Depositions by Oral Examination In California, that matters for the geographic limits under CCP 2025.250 and 2025.260, which cap how far a deponent can be compelled to travel. If your case sits in both state and federal court, or you face removal, the same arrangement that works in state court may require a stipulation or motion once you are in federal court.