Which statement describes discovery depositions under federal practice and California practice?

Which statement describes discovery depositions under federal practice and California practice?

• A. Federal: 25 written items relevant to claim or defense; California: unlimited judicial council forms
• B. Federal: unlimited forms; California: 25 items
• C. Federal: 25 live testimonies; California: 25 written items
• D. Federal: 50 forms; California: unlimited forms

Answer: (C)

The key idea here is how discovery depositions are conducted and capped differently in federal practice versus California practice. In federal civil procedure, depositions are typically taken as live oral examinations—the witness testifies in person and answers questions in real time. In California practice, there is a greater use of depositions by written questions, with a set limit on the number of questions that can be posed. So the statement pairing federal practice with 25 live testimonies and California practice with 25 written items reflects that contrast: federal deposits are generally live (oral) depositions, while California allows depositions by written questions up to a limit. The other options mix up the format or the limits, which is why they’re not correct.

The key idea here is how discovery depositions are conducted and capped differently in federal practice versus California practice. In federal civil procedure, depositions are typically taken as live oral examinations—the witness testifies in person and answers questions in real time. In California practice, there is a greater use of depositions by written questions, with a set limit on the number of questions that can be posed. So the statement pairing federal practice with 25 live testimonies and California practice with 25 written items reflects that contrast: federal deposits are generally live (oral) depositions, while California allows depositions by written questions up to a limit. The other options mix up the format or the limits, which is why they’re not correct.