UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
STANDING ORDER FOR DEPOSITIONS
This Standing Order applies to all depositions in all matters assigned to Judge Jeffrey S.
White and is intended to supplement Northern District Civil Local Rules 30-1 and 30-2.
Depositions shall be conducted in accordance with the following rules:
1. Conduct.
Counsel are expected to cooperate with and be courteous to each other and deponents.
Each party should designate one attorney to conduct the principal examination of the
deponent. Counsel should cooperate in the allocation of time to comply with any time
limit set by the Court.
2. Stipulations.
Unless contrary to an order of the Court, the parties may stipulate in writing to modify
any practice relating to noticing or conducting a deposition. Stipulations for extension of
discovery cut-offs set by the Court are not permitted, absent leave of Court. If counsel
enter into stipulations at the beginning of the deposition, the terms of the stipulation
should be fully stated on the record.
3. Scheduling.
Absent extraordinary circumstances, before noticing a deposition, the noticing party must
consult with opposing counsel and unrepresented proposed deponents to schedule
depositions at mutually convenient times and places. Where an agreement cannot be
reached and barring exigent circumstances, the party seeking the deposition may notice it
at least twenty (20) days in advance. If the noticed date and place is unacceptable to the
deponent or deponent’s counsel, the deponent or deponent’s counsel shall within ten (10)
days of receipt of the notice, reply and counter-propose in writing with an alternative date
and place falling within thirty (30) days of the date noticed by the party seeking the
deposition.
4. Objections, Instructions Not to Answer, and Private Consultation.
Counsel shall comply with Federal Rule of Civil Procedure 30(c)(2). Deposition
objections may be made as to privilege or may be made only where required in order to
preserve the objection. Speaking objections or those calculated to coach the deponent are
prohibited. A person may instruct a deponent not to answer a question only when
necessary to preserve a privilege, to enforce a limitation directed by the Court, or to
present a motion under Federal Rule of Civil Procedure 30(d)(3). When a privilege is
claimed, the witness should nevertheless answer questions relevant to the existence,
extent or waiver of the privilege, such as the date of the communication, who made the
statement, to whom and in whose presence the statement was made, other persons to
whom the contents of the statement have been disclosed, and the general subject matter
of the statement, unless such information itself is privileged. Counsel may be subject to
sanctions if they consistently impede, or otherwise unreasonably delay, the fair
examination of the deponent. Private conferences between deponents and their attorneys
in the course of deposition are improper and prohibited except for the sole purpose of
determining whether a privilege should be asserted.
5. Documents.
Witnesses subpoenaed to produce documents should ordinarily be served at least 30 days
before the scheduled deposition and arrangements should be made to permit inspection of
the documents before the deposition commences. Extra copies of documents used during
the deposition should ordinarily be provided to opposing counsel and the deponent.
Deponents should be shown a document before being examined about it except when
counsel seek to impeach or test the deponent’s recollection.
6. Marking of Exhibits.
Counsel shall comply strictly with Civil Local Rule 30-2, and, at the outset of the case,
shall meet and confer regarding the sequential numbering system that will be used for
exhibits throughout the litigation and during trial. Documents shall be referred to by the
Bates-stamp number assigned by the document depository.
7. Waiver of Transcription and Filing.
The parties and deponents are authorized and encouraged to waive transcription and
filing of depositions that prove to be of little or no usefulness in the litigation or to agree
to defer transcription and filing until the need for using the deposition arises.
8. Requests for Intervention by the Court.
If a dispute arises during a deposition and involves a persistent obstruction of the
deposition or a refusal to answer a material question on the basis of any ground other than
privilege or the work product doctrine, counsel may arrange a telephonic conference with
he Court through Chambers at (510) 637-1820. Any such conference shall be attended
by the court reporter recording the deposition.
IT IS SO ORDERED.
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE
6/2019 Rev.
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