California Legislature—2015–16 Regular Session

Assembly BillNo. 1197


Introduced by Assembly Member Bonilla

February 27, 2015


An act to amend Section 2025.320 of the Code of Civil Procedure, relating to depositions.

LEGISLATIVE COUNSEL’S DIGEST

AB 1197, as introduced, Bonilla. Depositions: officers.

Existing law requires that a deposition be conducted under the supervision of an officer who is authorized to administer an oath and subjects the deposition officer or entity providing the services of the deposition officer to certain restrictions. Existing law also permits a party or party’s attorney attending a deposition to request a statement regarding all services and products made available to any other party, party’s attorney, or 3rd party financing all or part of the action by the deposition officer or by the entity providing deposition services.

Upon this request, this bill would also require the disclosure of any contractual relationship between that party and the deposition officer or entity providing the services of the deposition officer. If a contractual relationship is disclosed, this bill would permit any other party to object to the use of that deposition officer or entity.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 2025.320 of the Code of Civil Procedure
2 is amended to read:

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2025.320.  

Except as provided in Section 2020.420, the
2deposition shall be conducted under the supervision of an officer
3who is authorized to administer an oath and is subject to all of the
4following requirements:

5(a) The officer shall not be financially interested in the action
6and shall not be a relative or employee of any attorney of the
7parties, or of any of the parties.

8(b) Services and products offered or provided by the deposition
9officer or the entity providing the services of the deposition officer
10to any party or to any party’s attorney or third party who is
11financing all or part of the action shall be offered to all parties or
12their attorneys attending the deposition. No service or product may
13be offered or provided by the deposition officer or by the entity
14providing the services of the deposition officer to any party or any
15party’s attorney or third party who is financing all or part of the
16action unless the service or product is offered or provided to all
17parties or their attorneys attending the deposition. All services and
18products offered or provided shall be made available at the same
19time to all parties or their attorneys.

20(c) The deposition officer or the entity providing the services
21of the deposition officer shall not provide to any party or any
22party’s attorney or third party who is financing all or part of the
23action any service or product consisting of the deposition officer’s
24notations or comments regarding the demeanor of any witness,
25attorney, or party present at the deposition. The deposition officer
26or entity providing the services of the deposition officer shall not
27collect any personal identifying information about the witness as
28a service or product to be provided to any party or third party who
29is financing all or part of the action.

30(d) begin insert(1)end insertbegin insertend insert Upon the request of any party or any party’s attorney
31attending a deposition, any party or any party’s attorney attending
32the deposition shall enter in the record of the depositionbegin delete allend deletebegin insert both
33of the following:end insert

34begin insert(A)end insertbegin insertend insertbegin insertA list of allend insert services and productsbegin insert, if any,end insert made available to
35that party or party’s attorney or third party who is financing all or
36part of the action by the deposition officer or by the entity
37providing the services of the deposition officer.begin delete Aend delete

begin insert

38(B) A statement disclosing the existence of a contractual
39relationship between the deposition officer or the entity providing
40the services of the deposition officer and that party, if any.

end insert

P3    1begin insert(2)end insertbegin insertend insertbegin insertAend insert party in the action who is not represented by an attorney
2shall be informed by the noticing party or the party’s attorney that
3the unrepresented party may request thisbegin delete statementend deletebegin insert information be
4entered in the recordend insert
.

begin insert

5(3) If a party discloses a contractual relationship pursuant to
6subparagraph (B) of paragraph (1), any other party may object
7to the use of that deposition officer or entity.

end insert

8(e) Any objection to the qualifications of the deposition officer
9is waived unless made before the deposition begins or as soon
10thereafter as the ground for that objection becomes known or could
11be discovered by reasonable diligence.

12(f) Violation of this section by any person may result in a civil
13penalty of up to five thousand dollars ($5,000) imposed by a court
14of competent jurisdiction.



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