BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 223
                                                                  Page  1

          Date of Hearing:   May 2, 2001

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                              Carole Migden, Chairwoman

                   AB 223 (Frommer) - As Amended:  April 16, 2001 

          Policy Committee:                              JudiciaryVote:9-0  
          (Consent)

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill makes discovery practice and procedure more uniform  
          statewide and makes clean-up changes to the state's trial court  
          funding law.  Specifically, this bill:

          1)Provides that the court clerk shall authorize the taking of a  
            deposition outside of California and requires that the  
            commission contain specified information.  

          2)Adds the absolute work product privilege to the list of  
            privileges under which a court may not require disclosure of  
            the information claimed to be privileged in order to rule on a  
            claim of privilege.

          3)Repeals the requirement for the courts to collect several fees  
            for such services as document authentication and taking an  
            affadavit.

           FISCAL EFFECT  

          Less than $60,000 annual revenue loss to the courts from  
          repealed fees.

           COMMENTS  

           Purpose  .  According to the author, this bill, sponsored by the  
          Judicial Council, is necessary to make discovery practice and  
          procedure more uniform throughout the state.  AB 223 clarifies  
          that the clerk of the court may issue the commission that  
          authorizes the taking of a deposition outside California.   
          Different practice and procedures in this regard are used by  








                                                                  AB 223
                                                                  Page  2

          different counties.  The sponsor maintains that the  
          authorization for an out-state deposition is essentially a  
          ministerial act and all courts should have the clerk issue the  
          commission.

          Similary, the author believes that rules concerning attorney  
          work product can also be made more uniform. The sponsor notes  
          that the intent of the bill is to ensure consistent procedures  
          are followed throughout the state when determining whether or  
          not information is privileged under the attorney work product  
          doctrine.  Finally, the requirement to collect certain fees is  
          being repealed because these fees generate a relatively small  
          amount of revenue.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916)319-2081