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California Code of Civil Procedure Section 98

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 98

98.  A party may, in lieu of presenting direct testimony, offer the
prepared testimony of revelant witnesses in the form of affidavits or
declarations under penalty of perjury. The prepared testimony may
include, but need not be limited to, the opinions of expert
witnesses, and testimony which authenticates documentary evidence. To
the extent the contents of the prepared testimony would have been
admissible were the witness to testify orally thereto, the prepared
testimony shall be received as evidence in the case, provided that
either of the following applies:
   (a) A copy has been served on the party against whom it is offered
at least 30 days prior to the trial, together with a current address
of the affiant that is within 150 miles of the place of trial, and
the affiant is available for service of process at that place for a
reasonable period of time, during the 20 days immediately prior to
trial.
   (b) The statement is in the form of all or part of a deposition in
the case, and the party against whom it is offered had an
opportunity to participate in the deposition.
   The court shall determine whether the affidavit or declaration
shall be read into the record in lieu of oral testimony or admitted
as a documentary exhibit.

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Last modified: March 17, 2014