BILL NUMBER: AB 1197	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 2025.320 of the Code of Civil Procedure is
amended to read:
   2025.320.  Except as provided in Section 2020.420, the deposition
shall be conducted under the supervision of an officer who is
authorized to administer an oath and is subject to all of the
following requirements:
   (a) The officer shall not be financially interested in the action
and shall not be a relative or employee of any attorney of the
parties, or of any of the parties.
   (b) Services and products offered or provided by the deposition
officer or the entity providing the services of the deposition
officer to any party or to any party's attorney or third party who is
financing all or part of the action shall be offered to all parties
or their attorneys attending the deposition. No service or product
may be offered or provided by the deposition officer or by the entity
providing the services of the deposition officer to any party or any
party's attorney or third party who is financing all or part of the
action unless the service or product is offered or provided to all
parties or their attorneys attending the deposition. All services and
products offered or provided shall be made available at the same
time to all parties or their attorneys.
   (c) The deposition officer or the entity providing the services of
the deposition officer shall not provide to any party or any party's
attorney or third party who is financing all or part of the action
any service or product consisting of the deposition officer's
notations or comments regarding the demeanor of any witness,
attorney, or party present at the deposition. The deposition officer
or entity providing the services of the deposition officer shall not
collect any personal identifying information about the witness as a
service or product to be provided to any party or third party who is
financing all or part of the action.
   (d)  (1)    Upon the request of any party or any
party's attorney attending a deposition, any party or any party's
attorney attending the deposition shall enter in the record of the
deposition  all   both of the following: 
    (A)     A list of all  services and
products  , if any,  made available to that party or party's
attorney or third party who is financing all or part of the action
by the deposition officer or by the entity providing the services of
the deposition officer. A  
   (B) A statement disclosing the existence of a contractual
relationship between the deposition officer or the entity providing
the services of the deposition officer and that party, if any. 
    (2)     A  party in the action who is
not represented by an attorney shall be informed by the noticing
party or the party's attorney that the unrepresented party may
request this  statement   information be entered
in the record  . 
   (3) If a party discloses a contractual relationship pursuant to
subparagraph (B) of paragraph (1), any other party may object to the
use of that deposition officer or entity. 
   (e) Any objection to the qualifications of the deposition officer
is waived unless made before the deposition begins or as soon
thereafter as the ground for that objection becomes known or could be
discovered by reasonable diligence.
   (f) Violation of this section by any person may result in a civil
penalty of up to five thousand dollars ($5,000) imposed by a court of
competent jurisdiction.