BILL NUMBER: AB 1211	CHAPTERED
	BILL TEXT

	CHAPTER  115
	FILED WITH SECRETARY OF STATE  JULY 20, 2007
	APPROVED BY GOVERNOR  JULY 20, 2007
	PASSED THE SENATE  MAY 31, 2007
	PASSED THE ASSEMBLY  JULY 9, 2007
	AMENDED IN SENATE  MAY 29, 2007
	AMENDED IN ASSEMBLY  APRIL 18, 2007

INTRODUCED BY   Assembly Member Price

                        FEBRUARY 23, 2007

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1211, 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, in addition, that the obligation to
timely pay the deposition officer or entity providing the services of
the deposition officer for that transcription, and any other
deposition products or services, as defined, that are requested,
shall be the responsibility of the requesting attorney or a party
representing himself or herself, unless responsibility for the
payment is otherwise provided by law or the deposition officer or
entity is notified in writing that the party or another identified
person will be responsible for payment. The bill would provide that
these provisions do not prohibit or supersede an agreement between an
attorney and a party allocating responsibility for the payment of
deposition costs to the party.


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.
   (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.
   (h) (1) The requesting attorney or party appearing in propria
persona shall timely pay the deposition officer or the entity
providing the services of the deposition officer for the
transcription or copy of the transcription described in subdivision
(b) or (c), and any other deposition products or services that are
requested either orally or in writing.
   (2) This subdivision shall apply unless responsibility for the
payment is otherwise provided by law or unless the deposition officer
or entity is notified in writing at the time the services or
products are requested that the party or another identified person
will be responsible for payment.
   (3) This subdivision does not prohibit or supersede an agreement
between an attorney and a party allocating responsibility for the
payment of deposition costs to the party.
   (i) For purposes of this section, "deposition product or service"
means any product or service provided in connection with a deposition
that qualifies as shorthand reporting, as described in Section 8017
of the Business and Professions Code, and any product or service
derived from that shorthand reporting.