BILL NUMBER: AB 1211	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Price

                        FEBRUARY 23, 2007

   An act to amend the Section 2025.510 of the Civil Code, relating
to depositions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1211, as introduced, Price. Depositions: costs.
   Existing law provides a comprehensive procedure for the noticing,
conduct, and transcription or recording of oral depositions inside
the state. Existing law requires the party noticing the deposition to
bear the cost of the transcription, unless the court, on motion and
for good cause, orders that the cost be borne or shared by another
party.
   This bill would provide that the costs of all services or products
provided by the deposition officer or entity providing the
deposition services ordered or requested by a party's attorney, a
deponent's attorney, or a party representing himself or herself,
shall be the responsibility of that attorney or party, except if
otherwise provided by law or pursuant to an agreement, as specified.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2025.510 of the Code of Civil Procedure is
amended to read:
   2025.510.  (a) Unless the parties agree otherwise, the testimony
at any deposition recorded by stenographic means shall be
transcribed.
   (b)  The party noticing the deposition shall bear the cost
of that transcription, unless the court, on motion and for good
cause shown, orders that the cost be borne or shared by another
party.   The costs of all services or products provided
by the deposition officer or entit   y providing the
services of the deposition officer that are ordered or requested,
either orally or in writing, by a party's attorney, a deponent's
attorney, or by a   party appearing pro per, shall be the
responsibility of the attorney or party in pro per, except if the
payment is otherwise provided by law, or pursuant to an agreement
between a deposition officer and a party's attorney, deponent's
attorney, or by a party appearing in pro per in writing at the time
the product or service is ordered or requested. 
   (c) Notwithstanding subdivision (b) of Section 2025.320, any other
party or the deponent, at the expense of that party or deponent, may
obtain a copy of the transcript.
   (d) If the deposition officer receives a request from a party for
an original or a copy of the deposition transcript, or any portion
thereof, and the full or partial transcript will be available to that
party prior to the time the original or copy would be available to
any other party, the deposition officer shall immediately notify all
other parties attending the deposition of the request, and shall,
upon request by any party other than the party making the original
request, make that copy of the full or partial deposition transcript
available to all parties at the same time.
   (e) Stenographic notes of depositions shall be retained by the
reporter for a period of not less than eight years from the date of
the deposition, where no transcript is produced, and not less than
one year from the date on which the transcript is produced. Those
notes may be either on paper or electronic media, as long as it
allows for satisfactory production of a transcript at any time during
the periods specified.
   (f) At the request of any other party to the action, including a
party who did not attend the taking of the deposition testimony, any
party who records or causes the recording of that testimony by means
of audio or video technology shall promptly do both of the following:

   (1) Permit that other party to hear the audio recording or to view
the video recording.
   (2) Furnish a copy of the audio or video recording to that other
party on receipt of payment of the reasonable cost of making that
copy of the recording.
   (g) If the testimony at the deposition is recorded both
stenographically, and by audio or video technology, the stenographic
transcript is the official record of that testimony for the purpose
of the trial and any subsequent hearing or appeal.