BILL ANALYSIS
AB 333
Page 1
Date of Hearing: May 3, 2005
ASSEMBLY COMMITTEE ON JUDICIARY
Dave Jones, Chair
AB 333 (Harman) - As Amended: March 14, 2005
PROPOSED CONSENT (As Proposed to be Amended)
SUBJECT : CIVIL DISCOVERY
KEY ISSUE : SHOULD THE CIVIL DISCOVERY STATUTES BE REVISED TO
IMPLEMENT CLARIFYING AND NON-SUBSTANTIVE CHANGES RECOMMENDED BY
THE CALIFORNIA LAW REVISION COMMISSION AND OTHERWISE TO MAKE
TECHNICAL AMENDMENTS?
SYNOPSIS
This non-controversial measure implements clarifying and
non-substantive changes recommended by the California Law
Revision Commission and otherwise makes technical amendments to
the civil discovery statutes.
SUMMARY : Makes clarifying and technical changes to the civil
discovery statutes. Specifically, this bill :
1)Provides that a deposition of an organization shall be treated
as a single deposition for purposes of this provision even
though more than one person may be designated or required to
testify, as specified.
2)Deletes the requirement that the making of the audio or video
record of a deposition by a non-deposing party be
simultaneous.
3)Authorizes presuit discovery when the contemplated lawsuit
would be filed by or against the petitioner's successor in
interest, under specified conditions.
4)Provides that a deposition is admissible in a court of this
state if it was taken under the provisions of the act or under
comparable provisions of another state in which it was taken,
or the federal courts, or a foreign nation in which it was
taken.
5)Makes other various non-substantive, technical, and conforming
changes to the Civil Discovery Act and related provisions.
AB 333
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EXISTING LAW pursuant to the Civil Discovery Act, operative July
1, 2005, authorizes a person who expects to be a party to a
lawsuit in a California state court to petition to conduct
discovery before the lawsuit is filed under specified
circumstances; provides that a deposition taken pursuant to its
provisions or under comparable provisions of the laws of another
state, or the federal courts, or a foreign nation, is admissible
in a court of this state; and generally provides for the scope
and manner of discovery in civil actions. (Code of Civil
Procedure section 2016.010 et seq.)
FISCAL EFFECT : As currently in print, this bill is keyed
non-fiscal.
COMMENTS : According to the author the primary purpose of this
bill is to implement recommendations of the California Law
Revision Commission reported in the CLRC's memoranda entitled
Civil Discovery: Statutory Clarification and Minor Substantive
Improvements and Civil Discovery: Correction of Obsolete
Cross-References. The bill would also correct some chaptering
out problems that occurred in connection with last year's
non-substantive reorganization of the civil discovery provisions
accomplished by AB 3081 (Judiciary), Ch. 182, Stats. 2004.
In addition the bill codifies the existing principle that,
unless the parties agree or the court orders otherwise, the
testimony, as well as any stated objections, shall be taken
stenographically, and by a properly licensed person.
Author's Technical Amendment . In order to correct a drafting
error, the author appropriately proposes to strike lines 9-11 on
page 10.
Prior Related Legislation. AB 3081(Judiciary), Ch.182, Stats.
2004, revised and reorganized the civil discovery statutes.
REGISTERED SUPPORT / OPPOSITION :
Support
California Law Revision Commission (co-sponsor)
Deposition Reporters Association (co-sponsor)
Opposition
AB 333
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None on file.
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334