BILL NUMBER: SB 1574	ENROLLED
	BILL TEXT

	PASSED THE SENATE  MAY 10, 2012
	PASSED THE ASSEMBLY  JUNE 25, 2012
	AMENDED IN SENATE  APRIL 19, 2012

INTRODUCED BY   Committee on Judiciary (Senators Evans (Chair),
Blakeslee, Corbett, Harman, and Leno)

                        MARCH 8, 2012

   An act to amend Sections 1985, 1985.3, 1985.6, 1985.8, 1987,
1987.1, 1987.2, 2017.010, 2017.020, 2020.020, 2020.220, 2020.410,
2020.510, 2023.030, 2025.220, 2025.280, 2025.410, 2025.420, 2025.450,
2025.460, 2025.480, 2026.010, 2027.010, and 2029.200 of, to amend
the heading of Chapter 14 (commencing with Section 2031.010) of Title
4 of Part 4 of, to add Section 2019.040 to, and to repeal Sections
2017.710, 2017.720, 2017.730, and 2017.740 of, the Code of Civil
Procedure, relating to discovery.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1574, Committee on Judiciary. Discovery: electronically stored
information.
   Existing law provides procedures for the production of evidence by
subpoena. Existing law provides that a subpoena may require a
witness to bring any books, documents, or other things under the
witness's control that he or she is bound by law to produce in
evidence.
   This bill would include electronically stored information among
the things under a witness's control that the witness would be bound
by law to produce pursuant to a subpoena. The bill would provide
procedures for objecting to the specified form or forms of producing
the electronically stored information requested by the subpoena.
   The Civil Discovery Act authorizes a party to a civil action to
obtain discovery, as specified, by inspecting documents, tangible
things, and land or other property in the possession of any other
party to the action. The act defines "electronically stored
information" as information that is stored in an electronic medium.
   This bill would expand the scope of discovery described above to
include electronically stored information. The bill would establish
procedures for a person to obtain discovery of electronically stored
information, in addition to documents, tangible things, and land or
other property in the possession of any other party to the action.
The bill would also permit discovery by the means of copying,
testing, or sampling, in addition to inspection of documents,
tangible things, land or other property, or electronically stored
information.
   The Civil Discovery Act authorizes the use of certain types of
technology, as defined, in conducting discovery in a complex case.
   This bill would delete those provisions, and instead generally
provide that when any method of discovery permits, compels, prevents,
or limits the production, inspection, copying, testing, or sampling
of documents or tangible things, the same method would also apply to
electronically stored information.
   The Civil Discovery Act requires any documents produced in
response to an inspection demand to be produced as they are kept in
the usual course of business, or be organized and labeled to
correspond with the categories in the demand.
   This bill would additionally make this provision applicable to the
production of electronically stored information. The bill would also
provide that if a party responding to a demand for production of
electronically stored information objects to a specified form for
producing the information, or if no form is specified in the demand,
the responding party shall state in its response the form in which it
intends to produce each type of information. In general, if a demand
for production does not specify a form or forms for producing a type
of electronically stored information, the responding party would be
required to produce the information in the form or forms in which it
is ordinarily maintained or in a form that is reasonably usable, but
need not produce the same electronically stored information in more
than one form.
   The Civil Discovery Act provides that a party or other persons and
entities, as specified, may move for an order to protect or compel
the production of any document or tangible thing under the deponent's
control described in the deposition notice or deposition subpoena.
Existing law authorizes the court, for good cause shown, to make any
order, that justice requires, to protect any party or other persons
or entities, as specified.
   This bill would provide that a party that moves for an order to
protect or compel the production of electronically stored information
on the basis that it is from a source that is not reasonably
accessible because of the undue burden or expense also bears the
burden of demonstrating that the information is from a source that is
not reasonably accessible. If it is established that the
electronically stored information is from a source that is not
reasonably accessible because of undue burden or expense, the court
may nonetheless order discovery if the demanding party shows good
cause, subject to specified restrictions in specified circumstances.
   Existing law requires the court to impose a monetary sanction, as
specified, against any party or any attorney of a party for specified
violations.
   This bill would generally provide that, notwithstanding the above
provision, the court is not required to impose sanctions on a party
or any attorney of a party for failure to provide electronically
stored information that has been lost, damaged, altered, or
overwritten as the result of the routine, good faith operation of an
electronic information system.


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

  SECTION 1.  Section 1985 of the Code of Civil Procedure is amended
to read:
   1985.  (a) The process by which the attendance of a witness is
required is the subpoena. It is a writ or order directed to a person
and requiring the person's attendance at a particular time and place
to testify as a witness. It may also require a witness to bring any
books, documents, electronically stored information, or other things
under the witness's control which the witness is bound by law to
produce in evidence. When a county recorder is using the microfilm
system for recording, and a witness is subpoenaed to present a
record, the witness shall be deemed to have complied with the
subpoena if the witness produces a certified copy thereof.
   (b) A copy of an affidavit shall be served with a subpoena duces
tecum issued before trial, showing good cause for the production of
the matters and things described in the subpoena, specifying the
exact matters or things desired to be produced, setting forth in full
detail the materiality thereof to the issues involved in the case,
and stating that the witness has the desired matters or things in his
or her possession or under his or her control.
   (c) The clerk, or a judge, shall issue a subpoena or subpoena
duces tecum signed and sealed but otherwise in blank to a party
requesting it, who shall fill it in before service. An attorney at
law who is the attorney of record in an action or proceeding, may
sign and issue a subpoena to require attendance before the court in
which the action or proceeding is pending or at the trial of an issue
therein, or upon the taking of a deposition in an action or
proceeding pending therein; the subpoena in such a case need not be
sealed. An attorney at law who is the attorney of record in an action
or proceeding, may sign and issue a subpoena duces tecum to require
production of the matters or things described in the subpoena.
  SEC. 2.  Section 1985.3 of the Code of Civil Procedure is amended
to read:
   1985.3.  (a) For purposes of this section, the following
definitions apply:
   (1) "Personal records" means the original, any copy of books,
documents, other writings, or electronically stored information
pertaining to a consumer and which are maintained by any "witness"
which is a physician, dentist, ophthalmologist, optometrist,
chiropractor, physical therapist, acupuncturist, podiatrist,
veterinarian, veterinary hospital, veterinary clinic, pharmacist,
pharmacy, hospital, medical center, clinic, radiology or MRI center,
clinical or diagnostic laboratory, state or national bank, state or
federal association (as defined in Section 5102 of the Financial
Code), state or federal credit union, trust company, anyone
authorized by this state to make or arrange loans that are secured by
real property, security brokerage firm, insurance company, title
insurance company, underwritten title company, escrow agent licensed
pursuant to Division 6 (commencing with Section 17000) of the
Financial Code or exempt from licensure pursuant to Section 17006 of
the Financial Code, attorney, accountant, institution of the Farm
Credit System, as specified in Section 2002 of Title 12 of the United
States Code, or telephone corporation which is a public utility, as
defined in Section 216 of the Public Utilities Code, or
psychotherapist, as defined in Section 1010 of the Evidence Code, or
a private or public preschool, elementary school, secondary school,
or postsecondary school as described in Section 76244 of the
Education Code.
   (2) "Consumer" means any individual, partnership of five or fewer
persons, association, or trust which has transacted business with, or
has used the services of, the witness or for whom the witness has
acted as agent or fiduciary.
   (3) "Subpoenaing party" means the person or persons causing a
subpoena duces tecum to be issued or served in connection with any
civil action or proceeding pursuant to this code, but shall not
include the state or local agencies described in Section 7465 of the
Government Code, or any entity provided for under Article VI of the
California Constitution in any proceeding maintained before an
adjudicative body of that entity pursuant to Chapter 4 (commencing
with Section 6000) of Division 3 of the Business and Professions
Code.
   (4) "Deposition officer" means a person who meets the
qualifications specified in Section 2020.420.
   (b) Prior to the date called for in the subpoena duces tecum for
the production of personal records, the subpoenaing party shall serve
or cause to be served on the consumer whose records are being sought
a copy of the subpoena duces tecum, of the affidavit supporting the
issuance of the subpoena, if any, and of the notice described in
subdivision (e), and proof of service as indicated in paragraph (1)
of subdivision (c). This service shall be made as follows:
   (1) To the consumer personally, or at his or her last known
address, or in accordance with Chapter 5 (commencing with Section
1010) of Title 14 of Part 3, or, if he or she is a party, to his or
her attorney of record. If the consumer is a minor, service shall be
made on the minor's parent, guardian, conservator, or similar
fiduciary, or if one of them cannot be located with reasonable
diligence, then service shall be made on any person having the care
or control of the minor or with whom the minor resides or by whom the
minor is employed, and on the minor if the minor is at least 12
years of age.
   (2) Not less than 10 days prior to the date for production
specified in the subpoena duces tecum, plus the additional time
provided by Section 1013 if service is by mail.
   (3) At least five days prior to service upon the custodian of the
records, plus the additional time provided by Section 1013 if service
is by mail.
   (c) Prior to the production of the records, the subpoenaing party
shall do either of the following:
   (1) Serve or cause to be served upon the witness a proof of
personal service or of service by mail attesting to compliance with
subdivision (b).
   (2) Furnish the witness a written authorization to release the
records signed by the consumer or by his or her attorney of record.
The witness may presume that any attorney purporting to sign the
authorization on behalf of the consumer acted with the consent of the
consumer, and that any objection to release of records is waived.
   (d) A subpoena duces tecum for the production of personal records
shall be served in sufficient time to allow the witness a reasonable
time, as provided in Section 2020.410, to locate and produce the
records or copies thereof.
   (e) Every copy of the subpoena duces tecum and affidavit, if any,
served on a consumer or his or her attorney in accordance with
subdivision (b) shall be accompanied by a notice, in a typeface
designed to call attention to the notice, indicating that (1) records
about the consumer are being sought from the witness named on the
subpoena; (2) if the consumer objects to the witness furnishing the
records to the party seeking the records, the consumer must file
papers with the court or serve a written objection as provided in
subdivision (g) prior to the date specified for production on the
subpoena; and (3) if the party who is seeking the records will not
agree in writing to cancel or limit the subpoena, an attorney should
be consulted about the consumer's interest in protecting his or her
rights of privacy. If a notice of taking of deposition is also
served, that other notice may be set forth in a single document with
the notice required by this subdivision.
   (f) A subpoena duces tecum for personal records maintained by a
telephone corporation which is a public utility, as defined in
Section 216 of the Public Utilities Code, shall not be valid or
effective unless it includes a consent to release, signed by the
consumer whose records are requested, as required by Section 2891 of
the Public Utilities Code.
   (g) Any consumer whose personal records are sought by a subpoena
duces tecum and who is a party to the civil action in which this
subpoena duces tecum is served may, prior to the date for production,
bring a motion under Section 1987.1 to quash or modify the subpoena
duces tecum. Notice of the bringing of that motion shall be given to
the witness and deposition officer at least five days prior to
production. The failure to provide notice to the deposition officer
shall not invalidate the motion to quash or modify the subpoena duces
tecum but may be raised by the deposition officer as an affirmative
defense in any action for liability for improper release of records.
   Any other consumer or nonparty whose personal records are sought
by a subpoena duces tecum may, prior to the date of production, serve
on the subpoenaing party, the witness, and the deposition officer, a
written objection that cites the specific grounds on which
production of the personal records should be prohibited.
   No witness or deposition officer shall be required to produce
personal records after receipt of notice that the motion has been
brought by a consumer, or after receipt of a written objection from a
nonparty consumer, except upon order of the court in which the
action is pending or by agreement of the parties, witnesses, and
consumers affected.
   The party requesting a consumer's personal records may bring a
motion under Section 1987.1 to enforce the subpoena within 20 days of
service of the written objection. The motion shall be accompanied by
a declaration showing a reasonable and good faith attempt at
informal resolution of the dispute between the party requesting the
personal records and the consumer or the consumer's attorney.
   (h) Upon good cause shown and provided that the rights of
witnesses and consumers are preserved, a subpoenaing party shall be
entitled to obtain an order shortening the time for service of a
subpoena duces tecum or waiving the requirements of subdivision (b)
where due diligence by the subpoenaing party has been shown.
   (i) Nothing contained in this section shall be construed to apply
to any subpoena duces tecum which does not request the records of any
particular consumer or consumers and which requires a custodian of
records to delete all information which would in any way identify any
consumer whose records are to be produced.
   (j) This section shall not apply to proceedings conducted under
Division 1 (commencing with Section 50), Division 4 (commencing with
Section 3200), Division 4.5 (commencing with Section 6100), or
Division 4.7 (commencing with Section 6200), of the Labor Code.
   (k) Failure to comply with this section shall be sufficient basis
for the witness to refuse to produce the personal records sought by a
subpoena duces tecum.
   (l) If the subpoenaing party is the consumer, and the consumer is
the only subject of the subpoenaed records, notice to the consumer,
and delivery of the other documents specified in subdivision (b) to
the consumer, is not required under this section.
  SEC. 3.  Section 1985.6 of the Code of Civil Procedure is amended
to read:
   1985.6.  (a) For purposes of this section, the following terms
have the following meanings:
   (1) "Deposition officer" means a person who meets the
qualifications specified in Section 2020.420.
   (2) "Employee" means any individual who is or has been employed by
a witness subject to a subpoena duces tecum. "Employee" also means
any individual who is or has been represented by a labor organization
that is a witness subject to a subpoena duces tecum.
   (3) "Employment records" means the original or any copy of books,
documents, other writings, or electronically stored information
pertaining to the employment of any employee maintained by the
current or former employer of the employee, or by any labor
organization that has represented or currently represents the
employee.
   (4) "Labor organization" has the meaning set forth in Section 1117
of the Labor Code.
   (5) "Subpoenaing party" means the person or persons causing a
subpoena duces tecum to be issued or served in connection with any
civil action or proceeding, but does not include the state or local
agencies described in Section 7465 of the Government Code, or any
entity provided for under Article VI of the California Constitution
in any proceeding maintained before an adjudicative body of that
entity pursuant to Chapter 4 (commencing with Section 6000) of
Division 3 of the Business and Professions Code.
   (b) Prior to the date called for in the subpoena duces tecum of
the production of employment records, the subpoenaing party shall
serve or cause to be served on the employee whose records are being
sought a copy of: the subpoena duces tecum; the affidavit supporting
the issuance of the subpoena, if any; the notice described in
subdivision (e); and proof of service as provided in paragraph (1) of
subdivision (c). This service shall be made as follows:
   (1) To the employee personally, or at his or her last known
address, or in accordance with Chapter 5 (commencing with Section
1010) of Title 14 of Part 2, or, if he or she is a party, to his or
her attorney of record. If the employee is a minor, service shall be
made on the minor's parent, guardian, conservator, or similar
fiduciary, or if one of them cannot be located with reasonable
diligence, then service shall be made on any person having the care
or control of the minor, or with whom the minor resides, and on the
minor if the minor is at least 12 years of age.
   (2) Not less than 10 days prior to the date for production
specified in the subpoena duces tecum, plus the additional time
provided by Section 1013 if service is by mail.
   (3) At least five days prior to service upon the custodian of the
employment records, plus the additional time provided by Section 1013
if service is by mail.
   (c) Prior to the production of the records, the subpoenaing party
shall either:
   (1) Serve or cause to be served upon the witness a proof of
personal service or of service by mail attesting to compliance with
subdivision (b).
   (2) Furnish the witness a written authorization to release the
records signed by the employee or by his or her attorney of record.
The witness may presume that the attorney purporting to sign the
authorization on behalf of the employee acted with the consent of the
employee, and that any objection to the release of records is
waived.
   (d) A subpoena duces tecum for the production of employment
records shall be served in sufficient time to allow the witness a
reasonable time, as provided in Section 2020.410, to locate and
produce the records or copies thereof.
   (e) Every copy of the subpoena duces tecum and affidavit served on
an employee or his or her attorney in accordance with subdivision
(b) shall be accompanied by a notice, in a typeface designed to call
attention to the notice, indicating that (1) employment records about
the employee are being sought from the witness named on the
subpoena; (2) the employment records may be protected by a right of
privacy; (3) if the employee objects to the witness furnishing the
records to the party seeking the records, the employee shall file
papers with the court prior to the date specified for production on
the subpoena; and (4) if the subpoenaing party does not agree in
writing to cancel or limit the subpoena, an attorney should be
consulted about the employee's interest in protecting his or her
rights of privacy. If a notice of taking of deposition is also
served, that other notice may be set forth in a single document with
the notice required by this subdivision.
   (f) (1) Any employee whose employment records are sought by a
subpoena duces tecum may, prior to the date for production, bring a
motion under Section 1987.1 to quash or modify the subpoena duces
tecum. Notice of the bringing of that motion shall be given to the
witness and the deposition officer at least five days prior to
production. The failure to provide notice to the deposition officer
does not invalidate the motion to quash or modify the subpoena duces
tecum but may be raised by the deposition officer as an affirmative
defense in any action for liability for improper release of records.
   (2) Any nonparty employee whose employment records are sought by a
subpoena duces tecum may, prior to the date of production, serve on
the subpoenaing party, the deposition officer, and the witness a
written objection that cites the specific grounds on which production
of the employment records should be prohibited.
   (3) No witness or deposition officer shall be required to produce
employment records after receipt of notice that the motion has been
brought by an employee, or after receipt of a written objection from
a nonparty employee, except upon order of the court in which the
action is pending or by agreement of the parties, witnesses, and
employees affected.
   (4) The party requesting an employee's employment records may
bring a motion under subdivision (c) of Section 1987 to enforce the
subpoena within 20 days of service of the written objection. The
motion shall be accompanied by a declaration showing a reasonable and
good faith attempt at informal resolution of the dispute between the
party requesting the employment records and the employee or the
employee's attorney.
   (g) Upon good cause shown and provided that the rights of
witnesses and employees are preserved, a subpoenaing party shall be
entitled to obtain an order shortening the time for service of a
subpoena duces tecum or waiving the requirements of subdivision (b)
if due diligence by the subpoenaing party has been shown.
   (h) This section may not be construed to apply to any subpoena
duces tecum that does not request the records of any particular
employee or employees and that requires a custodian of records to
delete all information that would in any way identify any employee
whose records are to be produced.
   (i) This section does not apply to proceedings conducted under
Division 1 (commencing with Section 50), Division 4 (commencing with
Section 3200), Division 4.5 (commencing with Section 6100), or
Division 4.7 (commencing with Section 6200), of the Labor Code.
   (j) Failure to comply with this section shall be sufficient basis
for the witness to refuse to produce the employment records sought by
subpoena duces tecum.
   (k) If the subpoenaing party is the employee, and the employee is
the only subject of the subpoenaed records, notice to the employee,
and delivery of the other documents specified in subdivision (b) to
the employee, are not required under this section.
  SEC. 4.  Section 1985.8 of the Code of Civil Procedure is amended
to read:
   1985.8.  (a) (1) A subpoena in a civil proceeding may require that
electronically stored information, as defined in Section 2016.020,
be produced and that the party serving the subpoena, or someone
acting on the party's request, be permitted to inspect, copy, test,
or sample the information.
   (2) Any subpoena seeking electronically stored information shall
comply with the requirements of this chapter.
   (b) A party serving a subpoena requiring production of
electronically stored information may specify the form or forms in
which each type of information is to be produced.
   (c) If a person responding to a subpoena for production of
electronically stored information objects to the specified form or
forms for producing the information, the subpoenaed person may
provide an objection stating the form or forms in which it intends to
produce each type of information.
   (d) Unless the subpoenaing party and the subpoenaed person
otherwise agree or the court otherwise orders, the following shall
apply:
   (1) If a subpoena requiring production of electronically stored
information does not specify a form or forms for producing a type of
electronically stored information, the person subpoenaed shall
produce the information in the form or forms in which it is
ordinarily maintained or in a form that is reasonably usable.
   (2) A subpoenaed person need not produce the same electronically
stored information in more than one form.
   (e) The subpoenaed person opposing the production, inspection,
copying, testing, or sampling of electronically stored information on
the basis that information is from a source that is not reasonably
accessible because of undue burden or expense shall bear the burden
of demonstrating that the information is from a source that is not
reasonably accessible because of undue burden or expense.
   (f) If the person from whom discovery of electronically stored
information is subpoenaed establishes that the information is from a
source that is not reasonably accessible because of undue burden or
expense, the court may nonetheless order discovery if the subpoenaing
party shows good cause, subject to any limitations imposed under
subdivision (i).
   (g) If the court finds good cause for the production of
electronically stored information from a source that is not
reasonably accessible, the court may set conditions for the discovery
of the electronically stored information, including allocation of
the expense of discovery.
   (h) If necessary, the subpoenaed person, at the reasonable expense
of the subpoenaing party, shall, through detection devices,
translate any data compilations included in the subpoena into a
reasonably usable form.
   (i) The court shall limit the frequency or extent of discovery of
electronically stored information, even from a source that is
reasonably accessible, if the court determines that any of the
following conditions exists:
   (1) It is possible to obtain the information from some other
source that is more convenient, less burdensome, or less expensive.
   (2) The discovery sought is unreasonably cumulative or
duplicative.
   (3) The party seeking discovery has had ample opportunity by
discovery in the action to obtain the information sought.
   (4) The likely burden or expense of the proposed discovery
outweighs the likely benefit, taking into account the amount in
controversy, the resources of the parties, the importance of the
issues in the litigation, and the importance of the requested
discovery in resolving the issues.
   (j) If a subpoenaed person notifies the subpoenaing party that
electronically stored information produced pursuant to a subpoena is
subject to a claim of privilege or of protection as attorney work
product, as described in Section 2031.285, the provisions of Section
2031.285 shall apply.
   (k) A party serving a subpoena requiring the production of
electronically stored information shall take reasonable steps to
avoid imposing undue burden or expense on a person subject to the
subpoena.
   (l) An order of the court requiring compliance with a subpoena
issued under this section shall protect a person who is neither a
party nor a party's officer from undue burden or expense resulting
from compliance.
   (m) (1) Absent exceptional circumstances, the court shall not
impose sanctions on a subpoenaed person or any attorney of a
subpoenaed person for failure to provide electronically stored
information that has been lost, damaged, altered, or overwritten as
the result of the routine, good faith operation of an electronic
information system.
   (2) This subdivision shall not be construed to alter any
obligation to preserve discoverable information.
  SEC. 5.  Section 1987 of the Code of Civil Procedure is amended to
read:
   1987.  (a) Except as provided in Sections 68097.1 to 68097.8,
inclusive, of the Government Code, the service of a subpoena is made
by delivering a copy, or a ticket containing its substance, to the
witness personally, giving or offering to the witness at the same
time, if demanded by him or her, the fees to which he or she is
entitled for travel to and from the place designated, and one day's
attendance there. The service shall be made so as to allow the
witness a reasonable time for preparation and travel to the place of
attendance. The service may be made by any person. If service is to
be made on a minor, service shall be made on the minor's parent,
guardian, conservator, or similar fiduciary, or if one of those
persons cannot be located with reasonable diligence, service shall be
made on any person having the care or control of the minor or with
whom the minor resides or by whom the minor is employed, and on the
minor if the minor is 12 years of age or older. If the minor is
alleged to come within the description of Section 300, 601, or 602 of
the Welfare and Institutions Code and the minor is not in the
custody of a parent or guardian, regardless of the age of the minor,
service also shall be made upon the designated agent for service of
process at the county child welfare department or the probation
department under whose jurisdiction the minor has been placed.
   (b) In the case of the production of a party to the record of any
civil action or proceeding or of a person for whose immediate benefit
an action or proceeding is prosecuted or defended or of anyone who
is an officer, director, or managing agent of any such party or
person, the service of a subpoena upon any such witness is not
required if written notice requesting the witness to attend before a
court, or at a trial of an issue therein, with the time and place
thereof, is served upon the attorney of that party or person. The
notice shall be served at least 10 days before the time required for
attendance unless the court prescribes a shorter time. If entitled
thereto, the witness, upon demand, shall be paid witness fees and
mileage before being required to testify. The giving of the notice
shall have the same effect as service of a subpoena on the witness,
and the parties shall have those rights and the court may make those
orders, including the imposition of sanctions, as in the case of a
subpoena for attendance before the court.
   (c) If the notice specified in subdivision (b) is served at least
20 days before the time required for attendance, or within any
shorter period of time as the court may order, it may include a
request that the party or person bring with him or her books,
documents, electronically stored information, or other things. The
notice shall state the exact materials or things desired and that the
party or person has them in his or her possession or under his or
her control. Within five days thereafter, or any other time period as
the court may allow, the party or person of whom the request is made
may serve written objections to the request or any part thereof,
with a statement of grounds. Thereafter, upon noticed motion of the
requesting party, accompanied by a showing of good cause and of
materiality of the items to the issues, the court may order
production of items to which objection was made, unless the objecting
party or person establishes good cause for nonproduction or
production under
limitations or conditions. The procedure of this subdivision is
alternative to the procedure provided by Sections 1985 and 1987.5 in
the cases herein provided for, and no subpoena duces tecum shall be
required.
   Subject to this subdivision, the notice provided in this
subdivision shall have the same effect as is provided in subdivision
(b) as to a notice for attendance of that party or person.
  SEC. 6.  Section 1987.1 of the Code of Civil Procedure is amended
to read:
   1987.1.  (a) If a subpoena requires the attendance of a witness or
the production of books, documents, electronically stored
information, or other things before a court, or at the trial of an
issue therein, or at the taking of a deposition, the court, upon
motion reasonably made by any person described in subdivision (b), or
upon the court's own motion after giving counsel notice and an
opportunity to be heard, may make an order quashing the subpoena
entirely, modifying it, or directing compliance with it upon those
terms or conditions as the court shall declare, including protective
orders. In addition, the court may make any other order as may be
appropriate to protect the person from unreasonable or oppressive
demands, including unreasonable violations of the right of privacy of
the person.
   (b) The following persons may make a motion pursuant to
subdivision (a):
   (1) A party.
   (2) A witness.
   (3) A consumer described in Section 1985.3.
   (4) An employee described in Section 1985.6.
   (5) A person whose personally identifying information, as defined
in subdivision (b) of Section 1798.79.8 of the Civil Code, is sought
in connection with an underlying action involving that person's
exercise of free speech rights.
   (c) Nothing in this section shall require any person to move to
quash, modify, or condition any subpoena duces tecum of personal
records of any consumer served under paragraph (1) of subdivision (b)
of Section 1985.3 or employment records of any employee served under
paragraph (1) of subdivision (b) of Section 1985.6.
  SEC. 7.  Section 1987.2 of the Code of Civil Procedure is amended
to read:
   1987.2.  (a) Except as specified in subdivision (c), in making an
order pursuant to motion made under subdivision (c) of Section 1987
or under Section 1987.1, the court may in its discretion award the
amount of the reasonable expenses incurred in making or opposing the
motion, including reasonable attorney's fees, if the court finds the
motion was made or opposed in bad faith or without substantial
justification or that one or more of the requirements of the subpoena
was oppressive.
   (b) (1) Notwithstanding subdivision (a), absent exceptional
circumstances, the court shall not impose sanctions on a subpoenaed
person or the attorney of a subpoenaed person for failure to provide
electronically stored information that has been lost, damaged,
altered, or overwritten as the result of the routine, good faith
operation of an electronic information system.
   (2) This subdivision shall not be construed to alter any
obligation to preserve discoverable information.
   (c) If a motion is filed under Section 1987.1 for an order to
quash or modify a subpoena from a court of this state for personally
identifying information, as defined in subdivision (b) of Section
1798.79.8 of the Civil Code, for use in an action pending in another
state, territory, or district of the United States, or in a foreign
nation, and that subpoena has been served on any Internet service
provider, or on the provider of any other interactive computer
service, as defined in Section 230(f)(2) of Title 47 of the United
States Code, if the moving party prevails, and if the underlying
action arises from the moving party's exercise of free speech rights
on the Internet and the respondent has failed to make a prima facie
showing of a cause of action, the court shall award the amount of the
reasonable expenses incurred in making the motion, including
reasonable attorney's fees.
  SEC. 8.  Section 2017.010 of the Code of Civil Procedure is amended
to read:
   2017.010.  Unless otherwise limited by order of the court in
accordance with this title, any party may obtain discovery regarding
any matter, not privileged, that is relevant to the subject matter
involved in the pending action or to the determination of any motion
made in that action, if the matter either is itself admissible in
evidence or appears reasonably calculated to lead to the discovery of
admissible evidence. Discovery may relate to the claim or defense of
the party seeking discovery or of any other party to the action.
Discovery may be obtained of the identity and location of persons
having knowledge of any discoverable matter, as well as of the
existence, description, nature, custody, condition, and location of
any document, electronically stored information, tangible thing, or
land or other property.
  SEC. 9.  Section 2017.020 of the Code of Civil Procedure is amended
to read:
   2017.020.  (a) The court shall limit the scope of discovery if it
determines that the burden, expense, or intrusiveness of that
discovery clearly outweighs the likelihood that the information
sought will lead to the discovery of admissible evidence. The court
may make this determination pursuant to a motion for protective order
by a party or other affected person. This motion shall be
accompanied by a meet and confer declaration under Section 2016.040.
   (b) The court shall impose a monetary sanction under Chapter 7
(commencing with Section 2023.010) against any party, person, or
attorney who unsuccessfully makes or opposes a motion for a
protective order, unless it finds that the one subject to the
sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.
   (c) (1) Notwithstanding subdivision (b), or any other section of
this title, absent exceptional circumstances, the court shall not
impose sanctions on a party or any attorney of a party for failure to
provide electronically stored information that has been lost,
damaged, altered, or overwritten as the result of the routine, good
faith operation of an electronic information system.
   (2) This subdivision shall not be construed to alter any
obligation to preserve discoverable information.
  SEC. 10.  Section 2017.710 of the Code of Civil Procedure is
repealed.
  SEC. 11.  Section 2017.720 of the Code of Civil Procedure is
repealed.
  SEC. 12.  Section 2017.730 of the Code of Civil Procedure is
repealed.
  SEC. 13.  Section 2017.740 of the Code of Civil Procedure is
repealed.
  SEC. 14.  Section 2019.040 is added to the Code of Civil Procedure,
to read:
   2019.040.  (a) When any method of discovery permits the
production, inspection, copying, testing, or sampling of documents or
tangible things, that method shall also permit the production,
inspection, copying, testing, or sampling of electronically stored
information.
   (b) All procedures available under this title to compel, prevent,
or limit the production, inspection, copying, testing, or sampling of
documents or tangible things shall be available to compel, prevent,
or limit the production, inspection, copying, testing, or sampling of
electronically stored information.
  SEC. 15.  Section 2020.020 of the Code of Civil Procedure is
amended to read:
   2020.020.  A deposition subpoena may command any of the following:

   (a) Only the attendance and the testimony of the deponent, under
Article 3 (commencing with Section 2020.310).
   (b) Only the production of business records for copying, under
Article 4 (commencing with Section 2020.410).
   (c) The attendance and the testimony of the deponent, as well as
the production of business records, other documents, electronically
stored information, and tangible things, under Article 5 (commencing
with Section 2020.510).
  SEC. 16.  Section 2020.220 of the Code of Civil Procedure is
amended to read:
   2020.220.  (a) Subject to subdivision (c) of Section 2020.410,
service of a deposition subpoena shall be effected a sufficient time
in advance of the deposition to provide the deponent a reasonable
opportunity to locate and produce any designated business records,
documents, electronically stored information, and tangible things, as
described in Article 4 (commencing with Section 2020.410), and,
where personal attendance is commanded, a reasonable time to travel
to the place of deposition.
   (b) Any person may serve the subpoena by personal delivery of a
copy of it as follows:
   (1) If the deponent is a natural person, to that person.
   (2) If the deponent is an organization, to any officer, director,
custodian of records, or to any agent or employee authorized by the
organization to accept service of a subpoena.
   (c) Personal service of any deposition subpoena is effective to
require all of the following of any deponent who is a resident of
California at the time of service:
   (1) Personal attendance and testimony, if the subpoena so
specifies.
   (2) Any specified production, inspection, testing, and sampling.
   (3) The deponent's attendance at a court session to consider any
issue arising out of the deponent's refusal to be sworn, or to answer
any question, or to produce specified items, or to permit inspection
or photocopying, if the subpoena so specifies, or specified testing
and sampling of the items produced.
   (d) Unless the subpoenaing party and the subpoenaed person
otherwise agree or the court otherwise orders, the following shall
apply:
   (1) If a subpoena requiring production of electronically stored
information does not specify a form or forms for producing a type of
electronically stored information, the person subpoenaed shall
produce the information in the form or forms in which it is
ordinarily maintained or in a form that is reasonably usable.
   (2) A subpoenaed person need not produce the same electronically
stored information in more than one form.
   (e) The subpoenaed person opposing the production, inspection,
copying, testing, or sampling of electronically stored information on
the basis that the information is from a source that is not
reasonably accessible because of undue burden or expense shall bear
the burden of demonstrating that the information is from a source
that is not reasonably accessible because of undue burden or expense.

   (f) If the person from whom discovery of electronically stored
information is subpoenaed establishes that the information is from a
source that is not reasonably accessible because of undue burden or
expense, the court may nonetheless order discovery if the subpoenaing
party shows good cause, subject to any limitations imposed under
subdivision (i).
   (g) If the court finds good cause for the production of
electronically stored information from a source that is not
reasonably accessible, the court may set conditions for the discovery
of the electronically stored information, including allocation of
the expense of discovery.
   (h) If necessary, the subpoenaed person, at the reasonable expense
of the subpoenaing party, shall, through detection devices,
translate any data compilations included in the subpoena into a
reasonably usable form.
   (i) The court shall limit the frequency or extent of discovery of
electronically stored information, even from a source that is
reasonably accessible, if the court determines that any of the
following conditions exists:
   (1) It is possible to obtain the information from some other
source that is more convenient, less burdensome, or less expensive.
   (2) The discovery sought is unreasonably cumulative or
duplicative.
   (3) The party seeking discovery has had ample opportunity by
discovery in the action to obtain the information sought.
   (4) The likely burden or expense of the proposed discovery
outweighs the likely benefit, taking into account the amount in
controversy, the resources of the parties, the importance of the
issues in the litigation, and the importance of the requested
discovery in resolving the issues.
   (j) If a subpoenaed person notifies the subpoenaing party that
electronically stored information produced pursuant to a subpoena is
subject to a claim of privilege or of protection as attorney work
product, as described in Section 2031.285, the provisions of Section
2031.285 shall apply.
   (k) A party serving a subpoena requiring the production of
electronically stored information shall take reasonable steps to
avoid imposing undue burden or expense on a person subject to the
subpoena.
   (l) An order of the court requiring compliance with a subpoena
issued under this section shall protect a person who is neither a
party nor a party's officer from undue burden or expense resulting
from compliance.
   (m) (1) Absent exceptional circumstances, the court shall not
impose sanctions on a subpoenaed person or any attorney of a
subpoenaed person for failure to provide electronically stored
information that has been lost, damaged, altered, or overwritten as
the result of the routine, good faith operation of an electronic
information system.
   (2) The subdivision shall not be construed to alter any obligation
to preserve discoverable information.
  SEC. 17.  Section 2020.410 of the Code of Civil Procedure is
amended to read:
   2020.410.  (a) A deposition subpoena that commands only the
production of business records for copying shall designate the
business records to be produced either by specifically describing
each individual item or by reasonably particularizing each category
of item, and shall specify the form in which any electronically
stored information is to be produced, if a particular form is
desired.
   (b) Notwithstanding subdivision (a), specific information
identifiable only to the deponent's records system, like a policy
number or the date when a consumer interacted with the witness, is
not required.
   (c) A deposition subpoena that commands only the production of
business records for copying need not be accompanied by an affidavit
or declaration showing good cause for the production of the business
records designated in it. It shall be directed to the custodian of
those records or another person qualified to certify the records. It
shall command compliance in accordance with Section 2020.430 on a
date that is no earlier than 20 days after the issuance, or 15 days
after the service, of the deposition subpoena, whichever date is
later.
   (d) If, under Section 1985.3 or 1985.6, the one to whom the
deposition subpoena is directed is a witness, and the business
records described in the deposition subpoena are personal records
pertaining to a consumer, the service of the deposition subpoena
shall be accompanied either by a copy of the proof of service of the
notice to the consumer described in subdivision (e) of Section
1985.3, or subdivision (b) of Section 1985.6, as applicable, or by
the consumer's written authorization to release personal records
described in paragraph (2) of subdivision (c) of Section 1985.3, or
paragraph (2) of subdivision (c) of Section 1985.6, as applicable.
  SEC. 18.  Section 2020.510 of the Code of Civil Procedure is
amended to read:
   2020.510.  (a) A deposition subpoena that commands the attendance
and the testimony of the deponent, as well as the production of
business records, documents, electronically stored information, and
tangible things, shall:
   (1) Comply with the requirements of Section 2020.310.
   (2) Designate the business records, documents, electronically
stored information, and tangible things to be produced either by
specifically describing each individual item or by reasonably
particularizing each category of item.
   (3) Specify any testing or sampling that is being sought.
   (4) Specify the form in which any electronically stored
information is to be produced, if a particular form is desired.
   (b) A deposition subpoena under subdivision (a) need not be
accompanied by an affidavit or declaration showing good cause for the
production of the documents and things designated.
   (c) If, as described in Section 1985.3, the person to whom the
deposition subpoena is directed is a witness, and the business
records described in the deposition subpoena are personal records
pertaining to a consumer, the service of the deposition subpoena
shall be accompanied either by a copy of the proof of service of the
notice to the consumer described in subdivision (e) of Section
1985.3, or by the consumer's written authorization to release
personal records described in paragraph (2) of subdivision (c) of
Section 1985.3.
   (d) If, as described in Section 1985.6, the person to whom the
deposition subpoena is directed is a witness and the business records
described in the deposition subpoena are employment records
pertaining to an employee, the service of the deposition subpoena
shall be accompanied either by a copy of the proof of service of the
notice to the employee described in subdivision (e) of Section
1985.6, or by the employee's written authorization to release
personal records described in paragraph (2) of subdivision (c) of
Section 1985.6.
  SEC. 19.  Section 2023.030 of the Code of Civil Procedure is
amended to read:
   2023.030.  To the extent authorized by the chapter governing any
particular discovery method or any other provision of this title, the
court, after notice to any affected party, person, or attorney, and
after opportunity for hearing, may impose the following sanctions
against anyone engaging in conduct that is a misuse of the discovery
process:
   (a) The court may impose a monetary sanction ordering that one
engaging in the misuse of the discovery process, or any attorney
advising that conduct, or both pay the reasonable expenses, including
attorney's fees, incurred by anyone as a result of that conduct. The
court may also impose this sanction on one unsuccessfully asserting
that another has engaged in the misuse of the discovery process, or
on any attorney who advised that assertion, or on both. If a monetary
sanction is authorized by any provision of this title, the court
shall impose that sanction unless it finds that the one subject to
the sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.
   (b) The court may impose an issue sanction ordering that
designated facts shall be taken as established in the action in
accordance with the claim of the party adversely affected by the
misuse of the discovery process. The court may also impose an issue
sanction by an order prohibiting any party engaging in the misuse of
the discovery process from supporting or opposing designated claims
or defenses.
   (c) The court may impose an evidence sanction by an order
prohibiting any party engaging in the misuse of the discovery process
from introducing designated matters in evidence.
   (d) The court may impose a terminating sanction by one of the
following orders:
   (1) An order striking out the pleadings or parts of the pleadings
of any party engaging in the misuse of the discovery process.
   (2) An order staying further proceedings by that party until an
order for discovery is obeyed.
   (3) An order dismissing the action, or any part of the action, of
that party.
   (4) An order rendering a judgment by default against that party.
   (e) The court may impose a contempt sanction by an order treating
the misuse of the discovery process as a contempt of court.
   (f) (1) Notwithstanding subdivision (a), or any other section of
this title, absent exceptional circumstances, the court shall not
impose sanctions on a party or any attorney of a party for failure to
provide electronically stored information that has been lost,
damaged, altered, or overwritten as the result of the routine, good
faith operation of an electronic information system.
   (2) This subdivision shall not be construed to alter any
obligation to preserve discoverable information.
  SEC. 20.  Section 2025.220 of the Code of Civil Procedure is
amended to read:
   2025.220.  (a) A party desiring to take the oral deposition of any
person shall give notice in writing. The deposition notice shall
state all of the following:
   (1) The address where the deposition will be taken.
   (2) The date of the deposition, selected under Section 2025.270,
and the time it will commence.
   (3) The name of each deponent, and the address and telephone
number, if known, of any deponent who is not a party to the action.
If the name of the deponent is not known, the deposition notice shall
set forth instead a general description sufficient to identify the
person or particular class to which the person belongs.
   (4) The specification with reasonable particularity of any
materials or category of materials, including any electronically
stored information, to be produced by the deponent.
   (5) Any intention by the party noticing the deposition to record
the testimony by audio or video technology, in addition to recording
the testimony by the stenographic method as required by Section
2025.330 and any intention to record the testimony by stenographic
method through the instant visual display of the testimony. If the
deposition will be conducted using instant visual display, a copy of
the deposition notice shall also be given to the deposition officer.
Any offer to provide the instant visual display of the testimony or
to provide rough draft transcripts to any party which is accepted
prior to, or offered at, the deposition shall also be made by the
deposition officer at the deposition to all parties in attendance.
Any party or attorney requesting the provision of the instant visual
display of the testimony, or rough draft transcripts, shall pay the
reasonable cost of those services, which may be no greater than the
costs charged to any other party or attorney.
   (6) Any intention to reserve the right to use at trial a video
recording of the deposition testimony of a treating or consulting
physician or of any expert witness under subdivision (d) of Section
2025.620. In this event, the operator of the video camera shall be a
person who is authorized to administer an oath, and shall not be
financially interested in the action or be a relative or employee of
any attorney of any of the parties.
   (7) The form in which any electronically stored information is to
be produced, if a particular form is desired.
   (b) Notwithstanding subdivision (a), where under Article 4
(commencing with Section 2020.410) only the production by a nonparty
of business records for copying is desired, a copy of the deposition
subpoena shall serve as the notice of deposition.
  SEC. 21.  Section 2025.280 of the Code of Civil Procedure is
amended to read:
   2025.280.  (a) The service of a deposition notice under Section
2025.240 is effective to require any deponent who is a party to the
action or an officer, director, managing agent, or employee of a
party to attend and to testify, as well as to produce any document,
electronically stored information, or tangible thing for inspection
and copying.
   (b) The attendance and testimony of any other deponent, as well as
the production by the deponent of any document, electronically
stored information, or tangible thing for inspection and copying,
requires the service on the deponent of a deposition subpoena under
Chapter 6 (commencing with Section 2020.010).
  SEC. 22.  Section 2025.410 of the Code of Civil Procedure is
amended to read:
   2025.410.  (a) Any party served with a deposition notice that does
not comply with Article 2 (commencing with Section 2025.210) waives
any error or irregularity unless that party promptly serves a written
objection specifying that error or irregularity at least three
calendar days prior to the date for which the deposition is
scheduled, on the party seeking to take the deposition and any other
attorney or party on whom the deposition notice was served.
   (b) If an objection is made three calendar days before the
deposition date, the objecting party shall make personal service of
that objection pursuant to Section 1011 on the party who gave notice
of the deposition. Any deposition taken after the service of a
written objection shall not be used against the objecting party under
Section 2025.620 if the party did not attend the deposition and if
the court determines that the objection was a valid one.
   (c) In addition to serving this written objection, a party may
also move for an order staying the taking of the deposition and
quashing the deposition notice. This motion shall be accompanied by a
meet and confer declaration under Section 2016.040. The taking of
the deposition is stayed pending the determination of this motion.
   (d) The court shall impose a monetary sanction under Chapter 7
(commencing with Section 2023.010) against any party, person, or
attorney who unsuccessfully makes or opposes a motion to quash a
deposition notice, unless it finds that the one subject to the
sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.
   (e) (1) Notwithstanding subdivision (d), absent exceptional
circumstances, the court shall not impose sanctions on any party,
person, or attorney for failure to provide electronically stored
information that has been lost, damaged, altered, or overwritten as
the result of the routine, good faith operation of an electronic
information system.
   (2) This subdivision shall not be construed to alter any
obligation to preserve discoverable information.
  SEC. 23.  Section 2025.420 of the Code of Civil Procedure is
amended to read:
   2025.420.  (a) Before, during, or after a deposition, any party,
any deponent, or any other affected natural person or organization
may promptly move for a protective order. The motion shall be
accompanied by a meet and confer declaration under Section 2016.040.
   (b) The court, for good cause shown, may make any order that
justice requires to protect any party, deponent, or other natural
person or organization from unwarranted annoyance, embarrassment, or
oppression, or undue burden and expense. This protective order may
include, but is not limited to, one or more of the following
directions:
   (1) That the deposition not be taken at all.
   (2) That the deposition be taken at a different time.
   (3) That a video recording of the deposition testimony of a
treating or consulting physician or of any expert witness, intended
for possible use at trial under subdivision (d) of Section 2025.620,
be postponed until the moving party has had an adequate opportunity
to prepare, by discovery deposition of the deponent, or other means,
for cross-examination.
   (4) That the deposition be taken at a place other than that
specified in the deposition notice, if it is within a distance
permitted by Sections 2025.250 and
               2025.260.
   (5) That the deposition be taken only on certain specified terms
and conditions.
   (6) That the deponent's testimony be taken by written, instead of
oral, examination.
   (7) That the method of discovery be interrogatories to a party
instead of an oral deposition.
   (8) That the testimony be recorded in a manner different from that
specified in the deposition notice.
   (9) That certain matters not be inquired into.
   (10) That the scope of the examination be limited to certain
matters.
   (11) That all or certain of the writings or tangible things
designated in the deposition notice not be produced, inspected,
copied, tested, or sampled, or that conditions be set for the
production of electronically stored information designated in the
deposition notice.
   (12) That designated persons, other than the parties to the action
and their officers and counsel, be excluded from attending the
deposition.
   (13) That a trade secret or other confidential research,
development, or commercial information not be disclosed or be
disclosed only to specified persons or only in a specified way.
   (14) That the parties simultaneously file specified documents
enclosed in sealed envelopes to be opened as directed by the court.
   (15) That the deposition be sealed and thereafter opened only on
order of the court.
   (16) That examination of the deponent be terminated. If an order
terminates the examination, the deposition shall not thereafter be
resumed, except on order of the court.
   (c) The party, deponent, or any other affected natural person or
organization that seeks a protective order regarding the production,
inspection, copying, testing, or sampling of electronically stored
information on the basis that the information is from a source that
is not reasonably accessible because of undue burden or expense shall
bear the burden of demonstrating that the information is from a
source that is not reasonably accessible because of undue burden or
expense.
   (d) If the party or affected person from whom discovery of
electronically stored information is sought establishes that the
information is from a source that is not reasonably accessible
because of undue burden or expense, the court may nonetheless order
discovery if the demanding party shows good cause, subject to any
limitations imposed under subdivision (f).
   (e) If the court finds good cause for the production of
electronically stored information from a source that is not
reasonably accessible, the court may set conditions for the discovery
of the electronically stored information, including allocation of
the expense of discovery.
   (f) The court shall limit the frequency or extent of discovery of
electronically stored information, even from a source that is
reasonably accessible, if the court determines that any of the
following conditions exist:
   (1) It is possible to obtain the information from some other
source that is more convenient, less burdensome, or less expensive.
   (2) The discovery sought is unreasonably cumulative or
duplicative.
   (3) The party seeking discovery has had ample opportunity by
discovery in the action to obtain the information sought.
   (4) The likely burden or expense of the proposed discovery
outweighs the likely benefit, taking into account the amount in
controversy, the resources of the parties, the importance of the
issues in the litigation, and the importance of the requested
discovery in resolving the issues.
   (g) If the motion for a protective order is denied in whole or in
part, the court may order that the deponent provide or permit the
discovery against which protection was sought on those terms and
conditions that are just.
   (h) The court shall impose a monetary sanction under Chapter 7
(commencing with Section 2023.010) against any party, person, or
attorney who unsuccessfully makes or opposes a motion for a
protective order, unless it finds that the one subject to the
sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.
   (i) (1) Notwithstanding subdivision (h), absent exceptional
circumstances, the court shall not impose sanctions on any party,
deponent, or other affected natural person or organization or any of
their attorneys for failure to provide electronically stored
information that has been lost, damaged, altered, or overwritten as
the result of the routine, good faith operation of an electronic
information system.
   (2)  This subdivision shall not be construed to alter any
obligation to preserve discoverable information.
  SEC. 24.  Section 2025.450 of the Code of Civil Procedure is
amended to read:
   2025.450.  (a) If, after service of a deposition notice, a party
to the action or an officer, director, managing agent, or employee of
a party, or a person designated by an organization that is a party
under Section 2025.230, without having served a valid objection under
Section 2025.410, fails to appear for examination, or to proceed
with it, or to produce for inspection any document, electronically
stored information, or tangible thing described in the deposition
notice, the party giving the notice may move for an order compelling
the deponent's attendance and testimony, and the production for
inspection of any document, electronically stored information, or
tangible thing described in the deposition notice.
   (b) A motion under subdivision (a) shall comply with both of the
following:
   (1) The motion shall set forth specific facts showing good cause
justifying the production for inspection of any document,
electronically stored information, or tangible thing described in the
deposition notice.
   (2) The motion shall be accompanied by a meet and confer
declaration under Section 2016.040, or, when the deponent fails to
attend the deposition and produce the documents, electronically
stored information, or things described in the deposition notice, by
a declaration stating that the petitioner has contacted the deponent
to inquire about the nonappearance.
   (c) In a motion under subdivision (a) relating to the production
of electronically stored information, the party or party-affiliated
deponent objecting to or opposing the production, inspection,
copying, testing, or sampling of electronically stored information on
the basis that the information is from a source that is not
reasonably accessible because of the undue burden or expense shall
bear the burden of demonstrating that the information is from a
source that is not reasonably accessible because of undue burden or
expense.
   (d) If the party or party-affiliated deponent from whom discovery
of electronically stored information is sought establishes that the
information is from a source that is not reasonably accessible
because of the undue burden or expense, the court may nonetheless
order discovery if the demanding party shows good cause, subject to
any limitations imposed under subdivision (f).
   (e) If the court finds good cause for the production of
electronically stored information from a source that is not
reasonably accessible, the court may set conditions for the discovery
of the electronically stored information, including allocation of
the expense of discovery.
   (f) The court shall limit the frequency or extent of discovery of
electronically stored information, even from a source that is
reasonably accessible, if the court determines that any of the
following conditions exists:
   (1) It is possible to obtain the information from some other
source that is more convenient, less burdensome, or less expensive.
   (2) The discovery sought is unreasonably cumulative or
duplicative.
   (3) The party seeking discovery has had ample opportunity by
discovery in the action to obtain the information sought.
   (4) The likely burden or expense of the proposed discovery
outweighs the likely benefit, taking into account the amount in
controversy, the resources of the parties, the importance of the
issues in the litigation, and the importance of the requested
discovery in resolving the issues.
   (g) (1) If a motion under subdivision (a) is granted, the court
shall impose a monetary sanction under Chapter 7 (commencing with
Section 2023.010) in favor of the party who noticed the deposition
and against the deponent or the party with whom the deponent is
affiliated, unless the court finds that the one subject to the
sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.
   (2) On motion of any other party who, in person or by attorney,
attended at the time and place specified in the deposition notice in
the expectation that the deponent's testimony would be taken, the
court shall impose a monetary sanction under Chapter 7 (commencing
with Section 2023.010) in favor of that party and against the
deponent or the party with whom the deponent is affiliated, unless
the court finds that the one subject to the sanction acted with
substantial justification or that other circumstances make the
imposition of the sanction unjust.
   (h) If that party or party-affiliated deponent then fails to obey
an order compelling attendance, testimony, and production, the court
may make those orders that are just, including the imposition of an
issue sanction, an evidence sanction, or a terminating sanction under
Chapter 7 (commencing with Section 2023.010) against that party
deponent or against the party with whom the deponent is affiliated.
In lieu of, or in addition to, this sanction, the court may impose a
monetary sanction under Chapter 7 (commencing with Section 2023.010)
against that deponent or against the party with whom that party
deponent is affiliated, and in favor of any party who, in person or
by attorney, attended in the expectation that the deponent's
testimony would be taken pursuant to that order.
   (i) (1) Notwithstanding subdivisions (g) and (h), absent
exceptional circumstances, the court shall not impose sanctions on a
party or any attorney of a party for failure to provide
electronically stored information that has been lost, damaged,
altered, or overwritten as the result of the routine, good faith
operation of an electronic information system.
   (2) This subdivision shall not be construed to alter any
obligation to preserve discoverable information.
  SEC. 25.  Section 2025.460 of the Code of Civil Procedure is
amended to read:
   2025.460.  (a) The protection of information from discovery on the
ground that it is privileged or that it is a protected work product
under Chapter 4 (commencing with Section 2018.010) is waived unless a
specific objection to its disclosure is timely made during the
deposition.
   (b) Errors and irregularities of any kind occurring at the oral
examination that might be cured if promptly presented are waived
unless a specific objection to them is timely made during the
deposition. These errors and irregularities include, but are not
limited to, those relating to the manner of taking the deposition, to
the oath or affirmation administered, to the conduct of a party,
attorney, deponent, or deposition officer, or to the form of any
question or answer. Unless the objecting party demands that the
taking of the deposition be suspended to permit a motion for a
protective order under Sections 2025.420 and 2025.470, the deposition
shall proceed subject to the objection.
   (c) Objections to the competency of the deponent, or to the
relevancy, materiality, or admissibility at trial of the testimony or
of the materials produced are unnecessary and are not waived by
failure to make them before or during the deposition.
   (d) If a deponent objects to the production of electronically
stored information on the grounds that it is from a source that is
not reasonably accessible because of undue burden or expense and that
the deponent will not search the source in the absence of an
agreement with the deposing party or court order, the deponent shall
identify in its objection the types or categories of sources of
electronically stored information that it asserts are not reasonably
accessible. By objecting and identifying information of a type or
category of source or sources that are not reasonably accessible, the
deponent preserves any objections it may have relating to that
electronically stored information.
   (e) If a deponent fails to answer any question or to produce any
document, electronically stored information, or tangible thing under
the deponent's control that is specified in the deposition notice or
a deposition subpoena, the party seeking that answer or production
may adjourn the deposition or complete the examination on other
matters without waiving the right at a later time to move for an
order compelling that answer or production under Section 2025.480.
   (f) Notwithstanding subdivision (a), if a deponent notifies the
party that took a deposition that electronically stored information
produced pursuant to the deposition notice or subpoena is subject to
a claim of privilege or of protection as attorney work product, as
described in Section 2031.285, the provisions of Section 2031.285
shall apply.
  SEC. 26.  Section 2025.480 of the Code of Civil Procedure is
amended to read:
   2025.480.  (a) If a deponent fails to answer any question or to
produce any document, electronically stored information, or tangible
thing under the deponent's control that is specified in the
deposition notice or a deposition subpoena, the party seeking
discovery may move the court for an order compelling that answer or
production.
   (b) This motion shall be made no later than 60 days after the
completion of the record of the deposition, and shall be accompanied
by a meet and confer declaration under Section 2016.040.
   (c) Notice of this motion shall be given to all parties and to the
deponent either orally at the examination, or by subsequent service
in writing. If the notice of the motion is given orally, the
deposition officer shall direct the deponent to attend a session of
the court at the time specified in the notice.
   (d) In a motion under subdivision (a) relating to the production
of electronically stored information, the deponent objecting to or
opposing the production, inspection, copying, testing, or sampling of
electronically stored information on the basis that the information
is from a source that is not reasonably accessible because of the
undue burden or expense shall bear the burden of demonstrating that
the information is from a source that is not reasonably accessible
because of undue burden or expense.
   (e) If the deponent from whom discovery of electronically stored
information is sought establishes that the information is from a
source that is not reasonably accessible because of the undue burden
or expense, the court may nonetheless order discovery if the deposing
party shows good cause, subject to any limitations imposed under
subdivision (g).
   (f) If the court finds good cause for the production of
electronically stored information from a source that is not
reasonably accessible, the court may set conditions for the discovery
of the electronically stored information, including allocation of
the expense of discovery.
   (g) The court shall limit the frequency or extent of discovery of
electronically stored information, even from a source that is
reasonably accessible, if the court determines that any of the
following conditions exists:
   (1) It is possible to obtain the information from some other
source that is more convenient, less burdensome, or less expensive.
   (2) The discovery sought is unreasonably cumulative or
duplicative.
   (3) The party seeking discovery has had ample opportunity by
discovery in the action to obtain the information sought.
   (4) The likely burden or expense of the proposed discovery
outweighs the likely benefit, taking into account the amount in
controversy, the resources of the parties, the importance of the
issues in the litigation, and the importance of the requested
discovery in resolving the issues.
   (h) Not less than five days prior to the hearing on this motion,
the moving party shall lodge with the court a certified copy of any
parts of the stenographic transcript of the deposition that are
relevant to the motion. If a deposition is recorded by audio or video
technology, the moving party is required to lodge a certified copy
of a transcript of any parts of the deposition that are relevant to
the motion.
   (i) If the court determines that the answer or production sought
is subject to discovery, it shall order that the answer be given or
the production be made on the resumption of the deposition.
   (j) The court shall impose a monetary sanction under Chapter 7
(commencing with Section 2023.010) against any party, person, or
attorney who unsuccessfully makes or opposes a motion to compel an
answer or production, unless it finds that the one subject to the
sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.
   (k) If a deponent fails to obey an order entered under this
section, the failure may be considered a contempt of court. In
addition, if the disobedient deponent is a party to the action or an
officer, director, managing agent, or employee of a party, the court
may make those orders that are just against the disobedient party, or
against the party with whom the disobedient deponent is affiliated,
including the imposition of an issue sanction, an evidence sanction,
or a terminating sanction under Chapter 7 (commencing with Section
2023.010). In lieu of or in addition to this sanction, the court may
impose a monetary sanction under Chapter 7 (commencing with Section
2023.010) against that party deponent or against any party with whom
the deponent is affiliated.
   (l) (1) Notwithstanding subdivisions (j) and (k), absent
exceptional circumstances, the court shall not impose sanctions on a
deponent or any attorney of a deponent for failure to provide
electronically stored information that has been lost, damaged,
altered, or overwritten as the result of the routine, good faith
operation of an electronic information system.
   (2) This subdivision shall not be construed to alter any
obligation to preserve discoverable information.
  SEC. 27.  Section 2026.010 of the Code of Civil Procedure is
amended to read:
   2026.010.  (a) Any party may obtain discovery by taking an oral
deposition, as described in Section 2025.010, in another state of the
United States, or in a territory or an insular possession subject to
its jurisdiction. Except as modified in this section, the procedures
for taking oral depositions in California set forth in Chapter 9
(commencing with Section 2025.010) apply to an oral deposition taken
in another state of the United States, or in a territory or an
insular possession subject to its jurisdiction.
   (b) If a deponent is a party to the action or an officer,
director, managing agent, or employee of a party, the service of the
deposition notice is effective to compel that deponent to attend and
to testify, as well as to produce any document, electronically stored
information, or tangible thing for inspection, copying, testing, or
sampling. The deposition notice shall specify a place in the state,
territory, or insular possession of the United States that is within
75 miles of the residence or a business office of a deponent.
   (c) If the deponent is not a party to the action or an officer,
director, managing agent, or employee of a party, a party serving a
deposition notice under this section shall use any process and
procedures required and available under the laws of the state,
territory, or insular possession where the deposition is to be taken
to compel the deponent to attend and to testify, as well as to
produce any document, electronically stored information, or tangible
thing for inspection, copying, testing, sampling, and any related
activity.
   (d) A deposition taken under this section shall be conducted in
either of the following ways:
   (1) Under the supervision of a person who is authorized to
administer oaths by the laws of the United States or those of the
place where the examination is to be held, and who is not otherwise
disqualified under Section 2025.320 and subdivisions (b) to (f),
inclusive, of Section 2025.340.
   (2) Before a person appointed by the court.
   (e) An appointment under subdivision (d) is effective to authorize
that person to administer oaths and to take testimony.
   (f) On request, the clerk of the court shall issue a commission
authorizing the deposition in another state or place. The commission
shall request that process issue in the place where the examination
is to be held, requiring attendance and enforcing the obligations of
the deponents to produce documents and electronically stored
information and answer questions. The commission shall be issued by
the clerk to any party in any action pending in its venue without a
noticed motion or court order. The commission may contain terms that
are required by the foreign jurisdiction to initiate the process. If
a court order is required by the foreign jurisdiction, an order for a
commission may be obtained by ex parte application.
  SEC. 28.  Section 2027.010 of the Code of Civil Procedure is
amended to read:
   2027.010.  (a) Any party may obtain discovery by taking an oral
deposition, as described in Section 2025.010, in a foreign nation.
Except as modified in this section, the procedures for taking oral
depositions in California set forth in Chapter 9 (commencing with
Section 2025.010) apply to an oral deposition taken in a foreign
nation.
   (b) If a deponent is a party to the action or an officer,
director, managing agent, or employee of a party, the service of the
deposition notice is effective to compel the deponent to attend and
to testify, as well as to produce any document, electronically stored
information, or tangible thing for inspection, copying, testing, or
sampling.
   (c) If a deponent is not a party to the action or an officer,
director, managing agent or employee of a party, a party serving a
deposition notice under this section shall use any process and
procedures required and available under the laws of the foreign
nation where the deposition is to be taken to compel the deponent to
attend and to testify, as well as to produce any document,
electronically stored information, or tangible thing for inspection,
copying, testing, sampling, and any related activity.
   (d) A deposition taken under this section shall be conducted under
the supervision of any of the following:
   (1) A person who is authorized to administer oaths or their
equivalent by the laws of the United States or of the foreign nation,
and who is not otherwise disqualified under Section 2025.320 and
subdivisions (b) to (f), inclusive, of Section 2025.340.
   (2) A person or officer appointed by commission or under letters
rogatory.
   (3) Any person agreed to by all the parties.
   (e) On motion of the party seeking to take an oral deposition in a
foreign nation, the court in which the action is pending shall issue
a commission, letters rogatory, or a letter of request, if it
determines that one is necessary or convenient. The commission,
letters rogatory, or letter of request may include any terms and
directions that are just and appropriate. The deposition officer may
be designated by name or by descriptive title in the deposition
notice and in the commission. Letters rogatory or a letter of request
may be addressed: "To the Appropriate Judicial Authority in name of
foreign nation]."
  SEC. 29.  Section 2029.200 of the Code of Civil Procedure is
amended 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. 30.  The heading of Chapter 14 (commencing with Section
2031.010) of Title 4 of Part 4 of the Code of Civil Procedure is
amended to read:
      CHAPTER 14.  INSPECTION, COPYING, TESTING, SAMPLING, AND
PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, TANGIBLE
THINGS, LAND, AND OTHER PROPERTY