Before you book a room for a California deposition, make sure the location is one you are allowed to notice. California's Code of Civil Procedure sets distance limits based on where the deponent lives. This guide explains them in plain English and shows how they affect your choice of room.
It is general information about state-court civil cases, not legal advice. Read the current text of the statute and any order in your case before you serve a notice.
The short version
For a deponent who is a natural person, Code of Civil Procedure section 2025.250 says the deposition is taken at a place the party giving notice chooses, either:
- within 75 miles of the deponent's residence, or
- within the county where the action is pending and within 150 miles of the deponent's residence,
unless the court orders otherwise under section 2025.260.
How the two options work
The two options give the noticing party some flexibility. The first is simply distance: anywhere within 75 miles of where the witness lives. The second lets you hold the deposition in the county where the case is pending even if that is farther than 75 miles from the witness's home, as long as it is within 150 miles.
A worked example: the case is pending in Los Angeles County and the witness lives about 120 miles away. A room in Los Angeles County works under the second option. A room outside the county would have to be within 75 miles of the witness's home.
The distances are measured from the deponent's residence, not their workplace, so get the home address right before you choose a location.
When the deponent is an organization
Different rules apply when the deponent is an organization that is a party to the action. They are tied to the organization's principal executive or business office in California rather than a residence. Read section 2025.250 itself for the details before noticing an organization's deposition.
When the rule does not fit
Sometimes the right place for a deposition is outside these limits: a witness who would rather travel to counsel, or a case where everyone is in a different city. The statute lets the court order a different place under section 2025.260. If all parties and the witness agree on another location, put the agreement in writing and check that it is enforceable in your case.
Remote depositions
Code of Civil Procedure section 2025.310 and California Rules of Court rule 3.1010 address depositions taken by telephone or other remote means. These provisions have been amended in recent years, so read the current versions before relying on them, especially on who may attend remotely and whether the witness or the deposition officer must be physically present. Our remote and hybrid deposition setup guide covers the practical side.
How long the deposition can run
Section 2025.290 generally limits a deposition to seven hours of total testimony by counsel other than the witness's own counsel. The section lists exceptions, including when the parties stipulate otherwise, expert witnesses, certain complex and employment cases, and depositions of a person most qualified. The court can also set different limits. Book the room for the time you realistically expect plus breaks; at Depo Pros, a full day is 8 hours.
Federal cases in California
Federal cases are governed by the Federal Rules of Civil Procedure and the district's local rules, not section 2025.250. For remote depositions, Rule 30(b)(4) allows the parties to stipulate, or the court to order, that a deposition be taken by remote means, and treats the deposition as taking place where the deponent answers the questions.
Putting the location in the notice
Once you have a room, write the location in the notice exactly: street address, suite or floor, city and ZIP. Add the start time with its time zone and, for a hybrid deposition, how remote participants will receive the link. A precise notice avoids a witness at the wrong tower or the wrong floor, and it gives the reporter and opposing counsel everything they need in one place.
Choosing a room that fits
Once you know the area that works, choosing a room is mostly about the witness and the headcount. Depo Pros has rooms at 835 Wilshire and 611 Wilshire Downtown, 9100 Wilshire in Beverly Hills and 201 Wilshire in Santa Monica. Compare them on deposition rooms in Los Angeles.
- Confirm the deponent's residence.
- Work out which locations fall within 75 miles, or within the county of the action and 150 miles.
- Of those, pick the one easiest for the witness to reach.
- Size the room for everyone attending (up to 8 or up to 12).
- Book it, then put the full address, suite, start time and time zone in the notice.
Source: California Code of Civil Procedure sections 2025.250, 2025.260, 2025.290 and 2025.310; California Rules of Court rule 3.1010; Federal Rule of Civil Procedure 30(b)(4). Read the current official text at leginfo.legislature.ca.gov. This guide is practical information, not legal advice. Rules on deposition notice, location, duration and remote attendance vary by court and jurisdiction and change over time; check the current rule for your case.
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