CODES MODULE, PART VII

CALIFORNIA CODE OF CIVIL PROCEDURE, Part II

CODE OF CIVIL PROCEDURE

1019 Size of Type

The type size shall be determined by conventional custom and practice.

1991 Disobedience; Report

The court may punish anyone who does not appear or refuses to be sworn, to answer, or to sign a transcript for contempt.If the subpoena requires the witness’s attendance, it is the deposition officer’s duty to report the nonappearance or the refusal to the issuing court.The depo officer may be requested to notify the witness that he must appear in court between 5 and 20 days from that date.

The depo officer shall transcribe such request, and it will be attached to the papers filed by the depo officer with the clerk of the issuing court requesting a court order.If the witness does not appear at the court date, he may be punished for contempt.If the witness fails to comply, the court may then, without further notice, order the witness to comply.If he then doesn’t comply, he may be punished for contempt.

2003 “Affidavit” Defined

An affidavit is a written declaration under oath, made without notice to the adverse party.

2004 “Deposition” Defined

A deposition is a written declaration, under oath, made upon notice to the adverse party, for the purpose of enabling him to attend and cross-examine.Once a default judgment has been entered in an action, no more depositions may be taken.

2005 “Oral Examination” Defined

An oral examination is an examination in the presence of the jury or tribunal which is to decide the fact or act upon it, the testimony being heard by the jury or tribunal from the lips of the witness.

2012 Officers Before Whom Taken

An affidavit to be used before any court or officer of this state must be taken before any officer authorized to administer oaths.

2013 Foreign State; Before Whom

An affidavit taken in another state to be used in this state may be taken before a notary public in that state or a judge or clerk having a seal.

2019 Methods of Discovery

Any party may obtain discovery byOral and written depositionsInterrogatories to a partyInspections of documents, things and placesPhysical and mental examinationsRequests for admissionsSimultaneous exchange of expert trial witness information

The court may restrict discovery because

it is cumulativeit is obtainable elsewhere more easilyit is excessive, given the scope of the case

2020 Deposition Subpoenas (c)

A deposition subpoena that orders a witness’ attendance and testimony must specify the time and place of the deposition.If the deposition is to be videotaped, the subpoena must state so.

2020 Deposition Subpoenas (d)(3)

If a deposition subpoena specifies that only business records are being discovered, then the deposition officer or a professional photocopier shall receive the records.The deposition officer must be a disinterested party.

2020 Depo Subpoenas(d)(4)

The custodian of records may deliver to the depo officer a legible copy of the records and an affidavit.If the records are at the place of business, the depo officer will be allowed to make a copy of the records.Ordinarily, delivery of the records is not made before the date specified on the subpoena.

2020 Depo Subpoenas(d)(5)

The depo officer shall promptly turn over the documents to the party that requested them.Other parties may purchase a copy of the records no later than 6 months of the end of the case.

2021 Modification by Stipulation

Parties to a deposition can, by stipulation, waive any of the deposition requirements, except for the requirement that the deposition officer be a licensed CSR.

Standard stipulations are:the witness need not read and/or sign the transcriptthe deposition was taken according to the requirements of the Code of Civil Procedureall objections, except as to the form of the question be reserved until the time of triala copy of an exhibit introduced into evidence be attached to the original transcript in lieu of the original

2023 Abuses of Discovery

Abuses of the discovery process include

continuously trying to obtain information outside the scope of allowable discoverymaking groundless objections

The court may impose sanctions against anyone abusing the discovery process.

2025 Oral Depositions

This section is one of the most important in the Code of Civil Procedure.

2025 (a) Parties; Person Deposed

A party may obtain discovery by taking an oral deposition of any person in California.The person may be a natural person, an organization, a corporation, a partnership, an association, or a government agency.

2025 (b) Notice; Time

The plaintiff may serve a deposition notice no earlier than 20 days after the service of summons on the defendant.

2025 (c) Notice; Service

The notice given must be in writing.

2025 (d) Notice; Contents

The deposition notice shall state:the address where the deposition will be takenthe date and timethe name(s) of the deponentany materials to be producedany intention to record the testimony by audiotape or videotapeif realtime is requestedany intention to use a videotape deposition at trial of an expert witness

If realtime is requested, notice must be given to the deposition officer.All parties must be offered the opportunity to receive realtime and/or a rough draft of the depo.If the depo is videotaped for use at trial, the tape operator must be a disinterested person.

If the deponent is not a natural person, the deposition notice must describe the subject matter of the deposition so that the deponent can designate the proper person to testify on its behalf.If a subpoena has been issued, a copy of it must accompany the notice.

2025 (e) Place

The deposition location must be either

within 75 miles of the deponent’s residence ORin the same county where the action is pending and within 150 miles of the deponent’s residence

The court may order a deponent to attend a deposition that is more distant that these limits.

2025 (f) TimeThe deposition shall be set at least 10 days after the notice has been served.If the deponent has been subpoenaed to produce personal records, the deposition has to be scheduled at least 20 days after the subpoena has been issued.A deponent may petition the court to stay the deposition or for a extension.

2025 (g) Notice; Error; Stay

A party served with the deposition notice that does not comply with the code waives any error unless the party serves a written objection specifying the error at least three days before the deposition on the noticing party and any other noticed parties.If notice is given only 3 days in advance, the service must be done in person.

2025 (h) Attendance; Notice

If the noticing party wants a party deponent to bring documents with him to the deposition, that fact should be included in the deposition notice. A subpoena duces tecum is not required.

If the noticing party wants to depose a nonparty witness, he must subpoena him.If the noticing party wants a nonparty deponent to bring documents with him to the deposition, a subpoena duces tecum is required.

2025 (i) Protective Order

A deponent or party who believes that the questions asked of him are being made in bad faith, or to annoy, embarrass or harass him, can demand that the deposition be immediately stopped so that he can file a motion for a protective order.

The reporter must stop taking the deposition when such a demand is made.The court will later rule on whether to grant the motion and whether to end or limit the deposition.The parties may stipulate to continue the deposition, but all parties must agree.

2025 (j) Failure to Attend

Failure to attend a deposition may result in sanctions.

2025 (k) Supervising Officer

The deposition officer is authorized to administer oaths, but he no longer has to be a notary public.The deposition officer must be a licensed CSR (B&P 8016).The deposition officer must be a disinterested party.

2025 (l) Oath; Written Questions

Before being questioned, all witnesses must be sworn in or affirmed.If an interpreter is being used, the interpreter must be sworn in or affirmed before the witness is sworn.Examination and cross-examination of witnesses occur as they would at trial.

If a party other than the noticing attorney wants to tape the deposition, he must notify all parties before the deposition of his intention and pay for the recording.The tape operator may be an employee of the attorney as long as a stenographic reporter is also present, except if the tape will be used at trial.

The area for recording the oral testimony should be well lit, suitably large, and reasonably quiet.The operator may not distort the appearance or demeanor of the participants with the camera.When the deposition begins, the operator must record his name and address; the date, time and place of the deposition; and the case caption, the name of the deponent, and any stipulations.

All counsel must identify themselves on the recording, and the witness must be sworn in on the recording.If more than one unit of tape is required, the end of each unit and the beginning of each succeeding unit will be announced on the tape.An ending statement and stipulations concerning custody of the tape must also appear on the record.

If a party wants to offer a taped depo into evidence, he must send written notice to all parties and the court.The notice must detail which portions the party intends to introduce.Objections may be made to the tape, and portions of a copy edited out upon court order.The original tape may not be altered.

If no reporter was present at the taped examination, a transcript must be made from the tape and offered into evidence along with the tape.If a deposition was only recorded on tape, the noticing party must allow all other parties to see or hear the tape and copy it.

If a party cannot attend a deposition, he can send written questions in a sealed envelope to the noticing attorney.The noticing attorney must give the envelope to the reporter at the deposition.At the end of all oral testimony, the reporter asks the deponent the written questions and records the answers.

2025 (m) Objections

There is no judge to rule on objections at a deposition.Objections must be made on the record at the appropriate time by the objecting party or they are waived.When objections are made, they are recorded by the reporter and the deposition continues.

2025 (n) Suspended Testimony

A reporter does not suspend the taking of the deposition unless a motion for a protective order has been made.This is true, even if the noticing attorney is the party requesting that the reporter stop the deposition record.Only if all parties to the deposition agree does the reporter go “off the record.”

2025 (o) Compelling Answer

If a deponent refuses to answer a question or produce a document, the party seeking the information can file a motion to compel with a trial court judge.This motion can be made orally at the deposition or in writing up to 60 days after the deposition ends.If notice is given at the depo, the reporter must notify the deponent and tell him to attend the hearing (cite the witness).

When any motion to compel has been raised, a certified copy of the relevant portions of the transcript must be filed within five days of the hearing.If the moving party asks the reporter to “certify the question,” the reporter may be asked to index, as part of the deposition transcript, all certification requests made during the hearing or to actually index all questions asked which the deponent did not answer.

At the hearing on the motion to compel, the trial court can order the deponent to comply and can impose a fine.If the deponent refuses to comply after being ordered to do so by the court, the deponent can be held in contempt of court and incarcerated.

2025 (p) Transcript; Copies

Unless all parties agree, all testimony taken at the deposition hearing is transcribed. The noticing attorney pays for the cost of transcription, unless the parties agree or the court orders otherwise.If the costs are evenly divided, the phrase “split the deposition” is used.

If other parties want transcripts of the deposition, they pay the reporter copying charges.Transcription rates are not set by statute but are guided by the market.If a deposition is recorded stenographically and on audio or videotape, the stenographic transcript is the official record of the deposition.

If one party wants the transcript expedited, other parties must be given the chance to order expedited copies as well.Stenographic notes of depositions shall be retained on paper or electronic media by the reporter for a period of not less than 8 years from the date of the deposition, where no transcript is produced, and not less than 1year from the date the transcript is produced.

2025 (q) Transcript; Changes

Upon completing the transcript, the reporter must send written notice to the deponent and to all parties who attended the deposition that the transcript is available for reading, signing, and correction.This requirement can be, and often is, waived by the stipulation on the record of the parties.

After sending out this notice, the reporter must keep the deposition available for 30 days.During that time the deponent can by letter or in person sign the transcript, make changes to the testimony, or refuse to sign the transcript.If the deponent makes changes or refuses to sign, the reporter must put this information in the original copy on the certificate page.

Even under these circumstances, if a reporter has attached a certificate page with a jurat to the transcript, the deposition can still be introduced into evidence in court.All parties must be notified in writing of changes made by the deponent.Changes made by the deponent are put on a separate sheet of paper attached to the original copy of the transcript.

2025 (r) Certification of Record

The deposition officer shall certify that the deponent was duly sworn and that the transcript is a true record of the testimony.A rough draft may not be not certified nor used.

2025 (s) Transcript; Custody

The CSR will seal the transcript in an envelope with the title of the action and mark it “Deposition of X” and give it to the noticing attorney, who shall safeguard it.The noticing attorney must keep the transcript until 6 months after the case ends, when it may be destroyed.

An audiotape or videotape record will be kept in the custody of the operator, who shall safeguard it.A party or deponent may pay to view or hear the tape or to be furnished a copy.The tape must be kept until 6 months after the case ends, when it too can be destroyed.

2025 (t) Subsequent Deposition

Once any party has been deposed, he may not be deposed again by the noticing attorney nor any party who had been given notice of the depo.The court may order a subsequent deposition.The parties may stipulate to a subsequent deposition of any nonparty.

2025 (u) Use

A party may use a deposition to contradict or to impeach the testimony of a witness.All or any part of a deposition may be offered in evidence.

2025.5 Copies to Nonparties

A transcript, videotape, or other recording may be sold to any person requesting a copy.The CSR must inform all the parties that a copy is being sought, the purchaser’s name, and a protective order may be sought to prevent the sale.If no protective order is sent to the CSR within 30 days, the transcript may be sold.

2026 Depo in Another State

Parties can take out-of-state depos.California rules apply.California CSRs can only act as depo officers in these cases if they can swear in witnesses under federal law, can swear in witness under that state’s law, are court-appointed, or if the parties stipulate.

2027 Depo in Foreign Nation

Parties can take foreign depositions.California rules apply.California CSRs may take depos if they are authorized to do so under the laws of the foreign country, are under letters rogatory, or if all parties stipulate.

The court where the action is pending will issue a letter rogatory or a letter of request to the foreign court asking it to issue any orders necessary while it is within the foreign jurisdiction.

2028 Depo by Written Questions

The procedures for taking oral depos apply to written depos.The name and address or descriptive title of the deposition officer will be stated in the notice.The questions to be asked must accompany the notice.Cross-questions must be served to all other parties within 30 days.

A party objecting to the form of a question or objecting on the grounds of privilege must serve a specific objection to all parties within 15 days.The questions for direct examination only may be forwarded to the deponent prior to the deposition.The noticing party shall deliver the questions to the depo officer.The court may modify the procedures.

2029 Depo in Cal.; Suit Elsewhere

A deponent will be compelled to appear at a deposition taken pursuant to an action pending in another state or a foreign country whenever a writ, a letter of request, or letter rogatory is issued by a court of record.

2032 Physical & Mental Exams

An attorney for the examinee, or his representative, may attend any physical examination conducted for discovery purposes as an observer.The examination may be recorded stenographically or by audiotape.

If the examiner performs unauthorized tests or becomes abusive, the exam may be suspended and a protective order sought.If the observer disrupts the exam, the person conducting the exam may suspend the exam.A mental examination may be recorded on audiotape only.

2093 Authorized to Administer

Every court, judge, court clerk, justice, notary public, or any person authorized to take testimony, including a CSR, has the power to administer oaths or affirmations.

2094 Oath to Witness

A sample oath is:“You do solemnly swear (or affirm) that the evidence you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth, so help you God?”

2096 Ceremonies of His Religion

When a person is sworn who believes in any other than the Christian religion, he may be sworn according to the particular ceremonies of his religion if there be any.

2097 Declaration; Affirmation

A witness may elect to make an affirmation or declaration instead of being sworn.

Questions on Sections 1019-2097

1. A deposition is NOTA. necessarily taken by subpoenaB. under oathC. a written declarationD.taken after notice to the adverse

party

Answer: A

2. A deposition isA. a written declarationB. under oathC. made upon notice to the adverse

partyD.all of the aboveE. none of the above

Answer: D

3. A deposition officer shall provide a copy of business records made under 2020(d)(4)A. to all parties to the lawsuitB. to any party purchasing a copyC. to the courtD.to the person supplying the records

Answer: B

4. A deposition notice does not need to stateA. intention to record by videoB. intention to record by subpoenaC. intention to take depositionD.intention to file with the court

Answer: D

5. Objection to the qualifications of the deposition officer must beA. made to opposing counsel 10 days prior to

the depositionB. made as soon as the grounds for the

objection are knownC. filed with the court 48 hours before the

depositionD. given in writing to all parties before the

commencement of the deposition

Answer: B

6. Any objections to the qualifications of the deposition officer is waived unlessA. made before the deposition beginsB. the proponent determines he will

reserve his objection until trialC. the deposition is under subpoenaD.it is a court-ordered deposition

Answer: A

7. Deposition testimony shall be taken stenographically unlessA. the witness prefers videotapeB. plaintiff’s counsel requests it not beC. the party noticing the deposition

does not want it transcribedD.the parties agree otherwise

Answer: D

8. If the noticing party wishes to videotape a deposition, he mustA. state such an intent in the noticeB. secure a court orderC. obtain written permission from

opposing counsel 10 days in advance

D.notify the deposition officer 10 days in advance

Answer: A

9. If a party other than the noticing party wants simultaneously to tape deposition testimony, he mustA. notify the deposition officer in a

timely mannerB. secure a court orderC. have the agreement of all partiesD.serve written notice of this intent

Answer: D

10.Any intent to use a videotape deposition of an expert witness at trial must beA. approved by the courtB. agreed to by the court reporterC. agreed to by all partiesD.stated in the deposition notice

Answer: D

11.With regard to the preservation of the reporter’s deposition notes, the Code A. specifies 5 yearsB. specifies 10 yearsC. states until the transcript is preparedD. specifies 8 years if no transcript is

produced

Answer: D

12. If no stenographic record of deposition testimony was made, the party offering a videotape of the deposition must A. secure a court reporter’s waiverB. secure a court orderC. accompany the offer with a stenographic

transcript prepared from that recordingD. submit an abstract of the crucial testimony

for the court’s approval

Answer: C

13.Portions of the videotaped testimony which are objected to A. may be suppressedB. should be transcribed for the clerk’s

minutesC. must be removed 10 days before

trialD. must be heard by the jury

Answer: A

14.The moving party for an order compelling an answer shall lodge the transcript with the court not less than A. 5 days prior to hearingB. 10 days prior to hearingC. 30 days prior to hearingD. 60 days prior to hearing

Answer: A

15.Sealed questions to be propounded to the deponent should be sent toA. the deponentB. the officer of the courtC. the noticing partyD. the clerk of the court

Answer: C

16.After an objection to an irregularity in a depositionA. the reporter automatically cites the

witnessB. the court must determine whether the

deposition shall continueC. written notice of the irregularity must be

filed with the courtD. the deposition shall proceed subject to

the citation

Answer: D

17.The official record of deposition testimony is theA. audiotapeB. videotapeC. stenographic transcriptD. clerk’s transcript

Answer: C

18.To suppress a deposition, a motion mustA. show a good faith attempt at an

informal resolutionB. show impeachment of the witnessC. be filed within 10 days of taking the

depositionD. be signed by all attorneys

Answer: A

19.To suppress a deposition, a motion must beA. a concurrent resolutionB. null and voidC. filed within 30 days of taking the

depositionD. seasonable

Answer: D

20.After a motion to suppress, a monetary sanction may be imposedA. against the deposition officerB. against the prevailing partyC. against anyone who does not prevailD. against anyone who successfully

opposes the motion

Answer: C

21.The deponent has how long following notice that his transcript is ready for reading and signing to do so?A. 10 daysB. 20 daysC. 30 daysD. 60 days

Answer: C

22.The deposition officer shall give notice of any changes in the transcript made by the deponentA. to the attending partiesB. before mailing the transcriptC. directly to the courtD. within 10 days of receipt

Answer: A

23.A copy of a letter making changes in the deponent’s deposition shall beA. mailed to all litigantsB. filed in court within 10 daysC. retained by the reporter for six monthsD. mailed to all parties attending the

deposition

Answer: D

24.The period for making transcript changes may be shortened byA. an affidavit by the deponent’s

attorneyB. the courtC. the deponentD. an affidavit by the moving party

Answer: B

25.A letter making transcript changes is mailed by the deponent to theA. deposition officerB. moving partyC. deponent’s attorneyD. court

Answer: A

26.Discovery may be obtained by written questions instead of oral examinationA. only by the plaintiffB. by any partyC. only by the defendantD. only by court order

Answer: B

27.The time for reading and signing a deposition may be shortened by theA. attorney for defendantB. attorney for plaintiffC. reporterD. court

Answer: D

28.The reporter must notify whom that the original transcript is available?A. only the deponentB. only the attorney for the deponentC. all attorneysD. deponent and all parties attending

the deposition

Answer: D

29.Waiver of signature must be agreed to byA. any two attorneysB. just the deponentC. the deponent and all parties

attending the depositionD. all attorneys and the court

Answer: C

30.If the deponent does not contact the officer within the allotted period, the officer shouldA. notify the courtB. subpoena the witnessC. file the transcript with the court

immediatelyD. indicate the failure to approve the

transcript on the original

Answer: D

31.If the deponent does not contact the officer within the allotted period, the depositionA. has the same force and effect as

though signedB. is null and voidC. must be authenticated by the clerk

of the courtD. must be attested to by two witnesses

Answer: A

32.If the deponent expressly refuses to sign the deposition,A. a writ of mandamus will be issuedB. the deposition must be certified by

the clerk of the courtC. the deposition has the same force

and effect as though signedD. the deponent’s attorney may sign in

lieu of the deponent

Answer: C

33.The deposition officer does not need to certify on the deposition transcript thatA. deponent was duly swornB. the stenographic transcript is a true

recordC. any video recording is a true recordD. the deposition notice was served in

a timely manner

Answer: D

34.The certified transcript shall beA. filed with the courtB. sent to deponentC. sent to attorney for deponentD. sent to noticing attorney

Answer: D

35.The sealed envelope containing the deposition transcript must have on the outsideA. the title of the actionB. the date of the depositionC. the name of the deposition officerD. all of the above

Answer: A

36.Notice of a written deposition under Section 2028(b) must includeA. name of deposition officerB. date of depositionC. place of depositionD. time of deposition

Answer: A

37.On a written deposition the questions to be propounded to the deponent by direct examinationA. shall accompany the noticeB. shall be approved by courtC. shall be sent in advance to all partiesD. shall be certified by the deposition

officer

Answer: A

38.Cross-questions on a written deposition by mailA. are not allowedB. must be reviewed by the courtC. must be served within 30 daysD. must be certified by the court

reporter

Answer: C

39.On a written deposition, a party who fails to timely serve an objectionA. is subject to sanctionsB. waives the objectionC. must have the reporter certify the

questionD. must lodge the objection in court

within 15 days

Answer: B

40.Notice of taking a deposition must be given toA. the court clerkB. the presiding judgeC. the adverse partyD. the appellate court

Answer: C

41.A deposition subpoena must specify A. how many witnesses will be calledB. whether the deposition is for

discovery or to preserve evidenceC. the rights of the deponent to appealD. the time and the place where the

deponent is commanded to attend

Answer: D

42.A witness under subpoena may be held in contempt of court if he disobeys a A. notice B. motionC. subpoenaD. stipulation

Answer: C

43.A deposition officer notifies a witness who refuses to answer that it will be reported in not more than A. 10 daysB. 20 daysC. 30 daysD. 60 days

Answer: B

44. If a witness subpoenaed in a deposition refuses to be sworn or answer a question or sign a deposition, it is the duty of the officer to A. report such refusal to the clerk of the courtB. report such refusal to all parties to the actionC. serve the witness with an order directing

complianceD. lodge a copy of the deposition with the Law

and Motion Department

Answer: A

45.Depositions of parties out of state to be used in this stateA. may be taken in another stateB. must be retaken in this stateC. may be taken in another state only

if presided over by a judge of that state

D. must be sealed

Answer: A

46.If the deposition officer receives a request for an expedited transcript from one party, he shouldA. delivery it confidentiallyB. deliver it and inform the other partiesC. make the transcript available to all

parties at the same timeD. deliver it and charge 50 percent more

Answer: C

47.A rough draft transcriptA. may only be produced upon

stipulation of all partiesB. must be delivered at the time of the

depositionC. may not be cited to rebut the

certified transcriptD. must be securely sealed and

transmitted to the noticing attorney

Answer: C

True or False

48.A deposition subpoena shall specify the time and place of the deposition.

True

49.A deposition subpoena must list the questions to be asked at the deposition.

False

50.It is necessary to have a court order in order to videotape a deposition.

False

51.The deposition officer must provide a copy of business records to any party to an action who subsequently notifies the officer of his desire to purchase a copy.

True

52.Section 2021 specifically provides that a deposition officer must be a CSR.

False

53.A custodian of records may deliver records by mail.

True

54.Delivery of records by a custodian of records must always be in a sealed envelope in accordance with the Evidence Code.

False

55.The deposition officer shall suspend the taking of testimony upon demand of any party who is seeking a protective order.

True

56.If a party has notice of a deposition and fails to attend, he may not obtain a copy of the transcript.

False

57.The deponent may change his answers by a signed letter to the deposition officer.

True

58.The deponent must get court approval to change an answer in a deposition transcript.

False

59.Since January 1, 1990, the deponent may only make changes in his deposition by means of a letter to the deposition officer.

False

60.A letter making transcript changes mailed by the deponent should be sent with return receipt requested.

True

61.Before utilizing the “notice by letter” alternative for transcript changes, the deponent must notify each attending party of his intent.

False

62.The procedures for taking oral depositions in California apply to depositions in California cases taken in another state.

True

63.Discovery may not be obtained by written questions instead of by oral examination.

False

64.The attorney for the examinee shall be permitted to observe any physical examination conducted for discovery purposes.

True

65.The deponent and all parties attending a deposition may agree to waive the signature of the deponent.

True

66.The deponent may change his answers by a signed letter to his own attorney.

False

67.Transcripts should be printed in a conventional point size.

True

68.The court shall restrict discovery if it is determined to be unduly burdensome.

True

69.The court may impose monetary sanctions against an attorney who has been unduly subjected to burdensome and duplicative tactics.

False

70.The deposition officer should notify the witness under subpoena who refuses to answer that he must appear in court within 48 hours.

False

71.The deposition officer shall enter in the record an exact transcription of the request made of him to direct a witness under subpoena to answer as a witness.

True

72.A rough draft transcript may be cited as the certified transcript.

False

73.An oath may be administered according to the ceremonies of the religion of the witness.

True

74.The attorney for the examinee must be personally present at a medical examination under 2032.

False

75.An observer under Section 2032 may suspend the examination to make a motion for a protective order.

True