AB 1197 Assembly Bill

BILL NUMBER: AB 1197	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly Member Bonilla

                        FEBRUARY 27, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1197, as amended, Bonilla.  Depositions: officers.
  Deposition notices.  
   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.  
   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.  
    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 2025.220 of the   Code
of Civil Procedure   is amended to read: 
   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. 
   (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.
 
   (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.  
   (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.  
   (ii) A party shall personally serve an objection made pursuant to
this paragraph in accordance with Section 1011. 
   (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. 
  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.