BILL NUMBER: AB 2193	CHAPTERED
	BILL TEXT

	CHAPTER  231
	FILED WITH SECRETARY OF STATE  AUGUST 1, 2008
	APPROVED BY GOVERNOR  AUGUST 1, 2008
	PASSED THE SENATE  JULY 3, 2008
	PASSED THE ASSEMBLY  JULY 14, 2008
	AMENDED IN SENATE  JUNE 24, 2008
	AMENDED IN SENATE  JUNE 17, 2008
	AMENDED IN SENATE  JUNE 2, 2008

INTRODUCED BY   Assembly Member Tran

                        FEBRUARY 20, 2008

   An act to amend the heading of Chapter 12 (commencing with Section
2029.010) of Title 4 of Part 4 of, to add Article 1 (commencing with
Section 2029.100) to Chapter 12 of Title 4 of Part 4 of, and to
repeal Section 2029.010 of, the Code of Civil Procedure, and to amend
Section 70626 of the Government Code, relating to civil discovery.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2193, Tran. Civil discovery: out-of-state proceedings.
   Existing law permits a California court, by subpoena, to compel a
natural person to submit to oral or written deposition, and to
produce documents and things, in connection with actions pending
outside of California. Existing law specifies the circumstances
pursuant to which this power will be exercised, including when the
out-of-state court has issued a mandate, a writ, and a letter of
request.
   This bill would repeal these provisions and would enact the
Interstate and International Depositions and Discovery Act. The
provisions of the bill, beginning January 1, 2010, would apply to an
organization as well as a natural person, and would apply to
depositions for the production of tangible items and inspection of
premises, in addition to those requiring testimony. The bill would
broaden the range of documents issued by an out-of-state court
pursuant to which a California court would be authorized to issue a
subpoena in this regard. The bill would establish a process for
obtaining a subpoena, which would require payment of a fee, to be
deposited in the Trial Court Trust Fund, and submitting the subpoena
of the out-of-state court with a specified application. The bill
would establish a specified fee to be paid related to disputes that
arise under its provisions. The bill would provide that a party is
not required to retain a local attorney to depose a witness in these
circumstances. The bill would permit an active member of the
California State Bar who is retained by a party to an out-of-state
proceeding to issue a deposition subpoena, as specified. The bill
would provide a process for the resolution of a dispute regarding
discovery conducted in California in connection with an out-of-state
proceeding, and a request for relief in this regard would be filed in
the superior court in which the discovery is sought with payment of
specified fees. The bill would permit a party to appeal court orders
in connection with a dispute by extraordinary writ to the appropriate
court of appeal. The bill, beginning January 1, 2009, would require
the Judicial Council to prepare an application form, and to either
create subpoena forms, or modify existing subpoena forms, for
issuance pursuant to its provisions.
    The bill would also provide an alternative definition of a
subpoena in connection with the proposed Interstate and International
Depositions and Discovery Act that would be operative only if AB 926
and this bill are both enacted and become effective on or before
January 1, 2009, and AB 926 makes a specified amendment to the Code
of Civil Procedure.


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

  SECTION 1.  The heading of Chapter 12 (commencing with Section
2029.010) of Title 4 of Part 4 of the Code of Civil Procedure is
amended to read:
      CHAPTER 12.  DISCOVERY IN ACTION PENDING OUTSIDE CALIFORNIA


  SEC. 2.  Section 2029.010 of the Code of Civil Procedure is
repealed.
  SEC. 3.  Article 1 (commencing with Section 2029.100) is added to
Chapter 12 of Title 4 of Part 4 of the Code of Civil Procedure, to
read:

      Article 1.  Interstate and International Depositions and
Discovery Act


   2029.100.  This article may be cited as the Interstate and
International Depositions and Discovery Act.
   2029.200.  In this article:
   (a) "Foreign jurisdiction" means either of the following:
   (1) A state other than this state.
   (2) A foreign nation.
   (b) "Foreign subpoena" means a subpoena issued under authority of
a court of record of a foreign jurisdiction.
   (c) "Person" means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association,
joint venture, public corporation, government, or governmental
subdivision, agency, or instrumentality, or any other legal or
commercial entity.
   (d) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the Virgin Islands, a federally recognized
Indian tribe, or any territory or insular possession subject to the
jurisdiction of the United States.
   (e) "Subpoena" means a document, however denominated, issued under
authority of a court of record requiring a person to do any of the
following:
   (1) Attend and give testimony at a deposition.
   (2) Produce and permit inspection and copying of designated books,
documents, records, electronically stored information, or tangible
things in the possession, custody, or control of the person.
   (3) Permit inspection of premises under the control of the person.

   2029.300.  (a) To request issuance of a subpoena under this
section, a party shall submit the original or a true and correct copy
of a foreign subpoena to the clerk of the superior court in the
county in which discovery is sought to be conducted in this state. A
request for the issuance of a subpoena under this section does not
constitute making an appearance in the courts of this state.
   (b) In addition to submitting a foreign subpoena under subdivision
(a), a party seeking discovery shall do both of the following:
   (1) Submit an application requesting that the superior court issue
a subpoena with the same terms as the foreign subpoena. The
application shall be on a form prescribed by the Judicial Council
pursuant to Section 2029.390. No civil case cover sheet is required.
   (2) Pay the fee specified in Section 70626 of the Government Code.

   (c) When a party submits a foreign subpoena to the clerk of the
superior court in accordance with subdivision (a), and satisfies the
requirements of subdivision (b), the clerk shall promptly issue a
subpoena for service upon the person to which the foreign subpoena is
directed.
   (d) A subpoena issued under this section shall satisfy all of the
following conditions:
   (1) It shall incorporate the terms used in the foreign subpoena.
   (2) It shall contain or be accompanied by the names, addresses,
and telephone numbers of all counsel of record in the proceeding to
which the subpoena relates and of any party not represented by
counsel.
   (3) It shall bear the caption and case number of the out-of-state
case to which it relates.
   (4) It shall state the name of the court that issues it.
   (5) It shall be on a form prescribed by the Judicial Council
pursuant to Section 2029.390.
   2029.350.  (a) Notwithstanding Sections 1986 and 2029.300, if a
party to a proceeding pending in a foreign jurisdiction retains an
attorney licensed to practice in this state, who is an active member
of the State Bar, and that attorney receives the original or a true
and correct copy of a foreign subpoena, the attorney may issue a
subpoena under this article.
   (b) A subpoena issued under this section shall satisfy all of the
following conditions:
   (1) It shall incorporate the terms used in the foreign subpoena.
   (2) It shall contain or be accompanied by the names, addresses,
and telephone numbers of all counsel of record in the proceeding to
which the subpoena relates and of any party not represented by
counsel.
   (3) It shall bear the caption and case number of the out-of-state
case to which it relates.
   (4) It shall state the name of the superior court of the county in
which the discovery is to be conducted.
   (5) It shall be on a form prescribed by the Judicial Council
pursuant to Section 2029.390.
   2029.390.  On or before January 1, 2010, the Judicial Council
shall do all of the following:
   (a) Prepare an application form to be used for purposes of Section
2029.300.
   (b) Prepare one or more new subpoena forms that include clear
instructions for use in issuance of a subpoena under Section 2029.300
or 2029.350. Alternatively, the Judicial Council may modify one or
more existing subpoena forms to include clear instructions for use in
issuance of a subpoena under Section 2029.300 or 2029.350.
   2029.400.  A subpoena issued under this article shall be
personally served in compliance with the law of this state,
including, without limitation, Section 1985.
   2029.500.  Titles 3 (commencing with Section 1985) and 4
(commencing with Section 2016.010) of Part 4, and any other law or
court rule of this state governing a deposition, a production of
documents or other tangible items, or an inspection of premises,
including any law or court rule governing payment of court costs or
sanctions, apply to discovery under this article.
   2029.600.  (a) If a dispute arises relating to discovery under
this article, any request for a protective order or to enforce,
quash, or modify a subpoena, or for other relief may be filed in the
superior court in the county in which discovery is to be conducted
and, if so filed, shall comply with the applicable rules or statutes
of this state.
   (b) A request for relief pursuant to this section shall be
referred to as a petition notwithstanding any statute under which a
request for the same relief would be referred to as a motion or by
another term if it was brought in a proceeding pending in this state.

   (c) A petition for relief pursuant to this section shall be
accompanied by a civil case cover sheet.
   2029.610.  (a) On filing a petition under Section 2029.600, a
petitioner who is a party to the out-of-state proceeding shall pay a
first appearance fee as specified in Section 70611 of the Government
Code. A petitioner who is not a party to the out-of-state proceeding
shall pay the fee specified in subdivision (c) of Section 70626 of
the Government Code.
   (b) The court in which the petition is filed shall assign it a
case number.
   (c) On responding to a petition under Section 2029.600, a party to
the out-of-state proceeding shall pay a first appearance fee as
specified in Section 70612 of the Government Code. A person who is
not a party to the out-of-state proceeding may file a response
without paying a fee.
   (d) Any petition, response, or other document filed under this
section shall satisfy all of the following conditions:
   (1) It shall bear the caption and case number of the out-of-state
case to which it relates.
   (2) The first page shall state the name of the court in which the
document is filed.
   (3) The first page shall state the case number assigned by the
court under subdivision (b).
   2029.620.  (a) If a petition has been filed under Section 2029.600
and another dispute later arises relating to discovery being
conducted in the same county for purposes of the same out-of-state
proceeding, the deponent or other disputant may file a petition for
appropriate relief in the same superior court as the previous
petition.
   (b) The first page of the petition shall clearly indicate that it
is not the first petition filed in that court that relates to the
out-of-state case.
   (c) (1) If the petitioner in the new dispute is a party to the
out-of-state case who previously paid a first appearance fee under
this article, the petitioner shall pay a motion fee as specified in
subdivision (a) of Section 70617 of the Government Code. If the
petitioner in the new dispute is a party to the out-of-state case but
has not previously paid a first appearance fee under this article,
the petitioner shall pay a first appearance fee as specified in
Section 70611 of the Government Code.
   (2) If the petitioner in the new dispute is not a party to the
out-of-state case, the petitioner shall pay the fee specified in
subdivision (c) of Section 70626 of the Government Code, unless the
petitioner previously paid that fee. If the petitioner previously
paid the fee specified in subdivision (c) of Section 70626 of the
Government Code, the petitioner shall pay a motion fee as specified
in subdivision (a) of Section 70617 of the Government Code.
   (d) If a person responding to the new petition is not a party to
the out-of-state case, or is a party who previously paid a first
appearance fee under this article, that person does not have to pay a
fee for responding. If a person responding to the new petition is a
party to the out-of-state case but has not previously paid a first
appearance fee under this article, that person shall pay a first
appearance fee as specified in Section 70612 of the Government Code.
   (e) Any petition, response, or other document filed under this
section shall satisfy all of the following conditions:
   (1) It shall bear the caption and case number of the out-of-state
case to which it relates.
   (2) The first page shall state the name of the court in which the
document is filed.
   (3) The first page shall state the same case number that the court
assigned to the first petition relating to the out-of-state case.
   (f) A petition for relief pursuant to this section shall be
accompanied by a civil case cover sheet.
   2029.630.  A petition under Section 2029.600 or Section 2029.620
is subject to the requirements of Section 1005 relating to notice and
to filing and service of papers.
   2029.640.  If a party to a proceeding pending in a foreign
jurisdiction seeks discovery from a witness in this state by properly
issued notice or by agreement, it is not necessary for that party to
obtain a subpoena under this article to be able to seek relief under
Section 2029.600 or 2029.620. The deponent or any other party may
also seek relief under Section 2029.600 or 2029.620 in those
circumstances, regardless of whether the deponent was subpoenaed
under this article.
   2029.650.  (a) If a superior court issues an order granting,
denying, or otherwise resolving a petition under Section 2029.600 or
2029.620, a person aggrieved by the order may petition the
appropriate court of appeal for an extraordinary writ. No order or
other action of a court under this article is appealable in this
state.
   (b) Pending its decision on the writ petition, the court of appeal
may stay the order of the superior court, the discovery that is the
subject of that order, or both.
   2029.700.  (a) Sections 2029.100, 2029.200, 2029.300, 2029.400,
2029.500, 2029.600, 2029.800, 2029.900, and this section,
collectively, constitute and may be referred to as the "California
version of the Uniform Interstate Depositions and Discovery Act."
   (b) In applying and construing this uniform act, consideration
shall be given to the need to promote uniformity of the law with
respect to its subject matter among the states that enact it.
   2029.800.  This article applies to requests for discovery in cases
pending on or after the operative date of this section.
   2029.900.  Section 2029.390 is operative on January 1, 2009. The
remainder of this article is operative on January 1, 2010.
  SEC. 3.5.  Section 2029.200 is added to the Code of Civil
Procedure, to read:
   2029.200.  In this article:
   (a) "Foreign jurisdiction" means either of the following:
   (1) A state other than this state.
   (2) A foreign nation.
   (b) "Foreign subpoena" means a subpoena issued under authority of
a court of record of a foreign jurisdiction.
   (c) "Person" means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association,
joint venture, public corporation, government, or governmental
subdivision, agency, or instrumentality, or any other legal or
commercial entity.
   (d) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the Virgin Islands, a federally recognized
Indian tribe, or any territory or insular possession subject to the
jurisdiction of the United States.
   (e) "Subpoena" means a document, however denominated, issued under
authority of a court of record requiring a person to do any of the
following:
   (1) Attend and give testimony at a deposition.
   (2) Produce and permit inspection, copying, testing, or sampling
of designated books, documents, records, electronically stored
information, or tangible things in the possession, custody, or
control of the person.
   (3) Permit inspection of premises under the control of the person.

  SEC. 4.  Section 70626 of the Government Code is amended to read:
   70626.  (a) The fee for each of the following services is fifteen
dollars ($15). Amounts collected shall be distributed to the Trial
Court Trust Fund under Section 68085.1.
   (1) Issuing a writ of attachment, a writ of mandate, a writ of
execution, a writ of sale, a writ of possession, a writ of
prohibition, or any other writ for the enforcement of any order or
judgment.
   (2) Issuing an abstract of judgment.
   (3) Issuing a certificate of satisfaction of judgment under
Section 724.100 of the Code of Civil Procedure.
   (4) Certifying a copy of any paper, record, or proceeding on file
in the office of the clerk of any court.
   (5) Taking an affidavit, except in criminal cases or adoption
proceedings.
   (6) Acknowledgment of any deed or other instrument, including the
certificate.
   (7) Recording or registering any license or certificate, or
issuing any certificate in connection with a license, required by
law, for which a charge is not otherwise prescribed.
   (8) Issuing any certificate for which the fee is not otherwise
fixed.
   (b) The fee for each of the following services is twenty dollars
($20). Amounts collected shall be distributed to the Trial Court
Trust Fund under Section 68085.1.
   (1) Issuing an order of sale.
   (2) Receiving and filing an abstract of judgment rendered by a
judge of another court and subsequent services based on it, unless
the abstract of judgment is filed under Section 704.750 or 708.160 of
the Code of Civil Procedure.
   (3) Filing a confession of judgment under Section 1134 of the Code
of Civil Procedure.
   (4) Filing an application for renewal of judgment under Section
683.150 of the Code of Civil Procedure.
   (5) Issuing a commission to take a deposition in another state or
place under Section 2026.010 of the Code of Civil Procedure, or
issuing a subpoena under Section 2029.300 to take a deposition in
this state for purposes of a proceeding pending in another
jurisdiction.
   (6) Filing and entering an award under the Workers' Compensation
Law (Division 4 (commencing with Section 3200) of the Labor Code).
   (7) Filing an affidavit of publication of notice of dissolution of
partnership.
   (8) Filing an appeal of a determination whether a dog is
potentially dangerous or vicious under Section 31622 of the Food and
Agricultural Code.
   (9) Filing an affidavit under Section 13200 of the Probate Code,
together with the issuance of one certified copy of the affidavit
under Section 13202 of the Probate Code.
   (10) Filing and indexing all papers for which a charge is not
elsewhere provided, other than papers filed in actions or special
proceedings, official bonds, or certificates of appointment.
   (c) The fee for filing a first petition under Section 2029.600 or
2029.620 of the Code of Civil Procedure, if the petitioner is not a
party to the out-of-state case, is eighty dollars ($80). Amounts
collected shall be distributed to the Trial Court Trust Fund pursuant
to Section 68085.1.
  SEC. 5.  Section 3.5 of this bill makes changes in Section 2029.200
of the Code of Civil Procedure, as it is proposed to be added by
Section 3 of this bill, to conform to changes proposed by AB 926.
Section 3.5 of this bill shall only become operative if (1) AB 926
and this bill are both enacted and become effective on or before
January 1, 2009, and (2) AB 926 amends subdivision (a) of Section
2031.010 of the Code of Civil Procedure to permit discovery by
"inspecting, copying, testing, or sampling" instead of only by
"inspecting," in which case the version of Section 2029.200 of the
Code of Civil Procedure to be added by Section 3 of this bill shall
not become operative.