Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1197

Introduced by Assembly Member Bonilla

February 27, 2015

An act to amend Section begin delete 2025.320 end delete begin insert 2025.220 end insert of the Code of Civil Procedure, relating to depositions.

LEGISLATIVE COUNSEL’S DIGEST

AB 1197, as amended, Bonilla. begin delete Depositions: officers. end delete begin insert Deposition notices. end insert

begin insert

Existing law prescribes the procedure for taking oral depositions inside the state. Existing law requires that, unless the parties agree or the court orders otherwise, the testimony, as well as any stated objections, be taken stenographically. Existing law requires a party desiring to take the oral deposition of a person to give a notice in writing that provides specified information, including the address and date of the deposition.

end insert begin insert

This bill would require the deposition notice governed by this section to include a statement disclosing the existence of a contractual relationship, if any, between the deposition officer or entity providing the services of the deposition officer and the party noticing the deposition or a third party who is financing all or part of the action, as specified. This bill would also require the deposition notice to contain a statement disclosing that the party noticing the deposition directed his or her attorney to use a particular officer or entity to provide services for the deposition, if applicable. This bill would permit any other party to object to the use of an officer or entity if the party noticing the deposition makes such a disclosure.

end insert begin delete

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.

end delete begin delete

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.

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 2025.220 of the end insert begin insert Code of Civil Procedure end insert
begin insert is amended to read: end insert

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.

begin insert

(8) (A) A statement disclosing the existence of a contract, if
any, between the deposition officer or entity providing the services
of the deposition officer and the noticing party or a third party
who is financing all or part of the action requiring that party to
use the officer or entity for any service beyond the noticed
deposition.

end insert begin insert

(B) A statement disclosing that the party noticing the deposition
directed his or her attorney to use a particular officer or entity to
provide services for the deposition, if applicable.

end insert begin insert

(C) (i) If a party discloses a contractual relationship or
directive pursuant to this paragraph, any other party may object
in writing at least three calendar days before the deposition date
to the use of that officer or entity.

end insert begin insert

(ii) A party shall personally serve an objection made pursuant
to this paragraph in accordance with Section 1011.

end insert

(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.

begin delete

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 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.

(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 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.

end delete