BILL NUMBER: AB 2006	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 20, 2014

   An act to amend Section 2025.620 of the Code of Civil Procedure,
relating to depositions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2006, as introduced, Wagner. Depositions: video recordings.
   Existing law prescribes the procedure for taking oral depositions
inside the state, including the procedure for recording a deposition
by means of audio or video technology. At the trial or any hearing in
an action, existing law authorizes the use of a deposition against a
party for specified purposes.
   This bill would define "use of a deposition" to mean the use of a
transcript or a video recording of the deposition testimony.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 2025.620 of the Code of Civil Procedure is
amended to read:
   2025.620.  At the trial or any other hearing in the action, any
part or all of a deposition may be used against  any
  a  party who was present or represented at the
taking of the deposition, or who had due notice of the deposition and
did not serve a valid objection under Section 2025.410, so far as
admissible under the rules of evidence applied as  though
  if  the deponent were then present and testifying
as a witness,  in accordance with the following provisions
  as follows  :
   (a) Any party may use a deposition for the purpose of
contradicting or impeaching the testimony of the deponent as a
witness, or for any other purpose permitted by the Evidence Code.
   (b) An adverse party may use for any  purpose, 
 purpose  a deposition of a party to the  action,
  action  or of anyone who at the time of taking
the deposition was an officer, director, managing agent, employee,
agent, or designee under Section 2025.230 of a party. It is not
ground for objection to the use of a deposition of a party under this
subdivision by an adverse party that the deponent is available to
testify, has testified, or will testify at the trial or other
hearing.
   (c) Any party may use for any purpose the deposition of any person
or organization, including that of any party to the action, if the
court finds any of the following:
   (1) The deponent resides more than 150 miles from the place of the
trial or other hearing.
   (2) The deponent, without the procurement or wrongdoing of the
proponent of the deposition for the purpose of preventing testimony
in open court, is any of the following:
   (A) Exempted or precluded on the ground of privilege from
testifying concerning the matter to which the deponent's testimony is
relevant.
   (B) Disqualified from testifying.
   (C) Dead or unable to attend or testify because of existing
physical or mental illness or infirmity.
   (D) Absent from the trial or other hearing and the court is unable
to compel the deponent's attendance by its process.
   (E) Absent from the trial or other hearing and the proponent of
the deposition has exercised reasonable diligence but has been unable
to procure the deponent's attendance by the court's process.
   (3) Exceptional circumstances exist that make it desirable to
allow the use of any deposition in the interests of justice and with
due regard to the importance of presenting the testimony of witnesses
orally in open court.
   (d)  Any  Nowithstanding subdivision (b), any
 party may use a video recording of the deposition testimony of
a treating or consulting physician or of any expert witness even
though the deponent is available to testify if the deposition notice
under Section 2025.220 reserved the right to use the 
deposition   video recording  at trial, and if that
party has complied with subdivision (m) of Section 2025.340. 
   (e) As used in this section, to "use a deposition" means to use a
transcript or a video recording of the deposition testimony. 

   (e) 
    (f)  Subject to the requirements of this chapter, a
party may offer in evidence all or any part of a  deposition,
and if   deposition. If  the party introduces only
part of the deposition, any other party may introduce any other
parts that are relevant to the parts introduced. 
   (f) 
    (g)  Substitution of parties does not affect the right
to use depositions previously taken. 
   (g) 
    (h)   When   If    an
action has been brought in any court of the United States or of any
 state,   state  and another action
involving the same subject matter is subsequently brought between the
same parties or their representatives or successors in interest, all
depositions lawfully taken and duly filed in the initial action may
be used in the subsequent action as if originally taken in that
subsequent action. A deposition previously taken may also be used as
permitted by the Evidence Code.