BILL NUMBER: AB 2006	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 2, 2014

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 amended, 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 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 if the deponent were then present and testifying
as a witness, 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 a deposition of a
party to the 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)  Nowithstanding subdivision (b), any  
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 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.
   (f) Subject to the requirements of this chapter, a party may offer
in evidence all or any part of a 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.
   (g) Substitution of parties does not affect the right to use
depositions previously taken.
   (h) If an action has been brought in any court of the United
States or of any 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.